WP(C) 3499/2010 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA . Heard Mr. M. Choudhury, learned counsel for the petitioner as well as Ms R. Chak raborty, learned Addl. Sr. Govt. Advocate. The petitioner, who has since retired from service on attaining the age of super annuation w.e.f. 28.2.2009, is aggrieved by the Annexure-13 order order/notifica tion dated 18.5.2009, by which he has been imposed with penalty of censure with the further stipulation that the remuneration to be paid during the period of su spension shall be limited to the extent of subsistence allowance already drawn o r due to him. However, the period of suspension shall be counted for pensionary benefits. Mr. M. Choudhury, learned counsel for the petitioner submits that on the face of it, the said order is not sustainable in law inasmuch as after retirement of th e petitioner, as aforesaid, he could not have been imposed with penalty of censu re, there being no employer and employee relationship. According to him, the res ultant effect of penalty of censure being the curtailment of pay during the peri od of suspension, the petitioner will also be entitled to receive full pay and a llowances for the period of suspension. Further submission made by him is that the authority having failed to complete the departmental proceeding during the p eriod of employment, same could not have been shown completed with the penalty o f censure and that too, without providing the petitioner with copy of the enquir y report enabling him to make adequate representation against the same. Ms R. Chakraborty, learned State counsel submits that the petitioner has already preferred the statutory appeal on 10.8.2009 (Annexure-14 to the writ petition), it will be appropriate for the said appellate authority to dispose of the said appeal in accordance with law, to which the learned counsel for the petitioner d oes not have any objection. In view of the above, this writ petition is disposed of directing the appellate authority to take on record the Annexure-14 appeal dated 10.8.2009 and dispose o f the same in accordance with law taking into account all the relevant facts and law applicable to the same. Let the appeal be disposed of by a speaking order a s expeditiously as possible preferably within 31st August 2010. Writ petition is disposed of.