PREM KRISHNA SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned standing counsel appearing for the respondents.

(2.) The petitioner retired from service on 31.12.1998. After his retirement, a show cause notice dated 27.9.1999 was issued and on this basis, a charge sheet dated 8.11.1999 was issued alleging a financial loss of Rs. 36,517/- on the department. Thereafter, a departmental inquiry in pursuance of the charge sheet was initiated against the petitioner. This enquiry is still pending even after a lapse of six years.

(3.) The petitioner has filed the present writ petition praying that the amount of Rs. 36,517/- had been illegally withheld from the. gratuity of the petitioner and that this amount could not be withheld after the petitioner had retired since no previous sanction was obtained from the Governor under Regulation 351A of the Civil Service Regulations.