CW 12617/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.12617/2009 Harendra Shankar Mathur Versus State & Ors. Date of Order ::: 12/10/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Sanjay Pareek, for petitioner Instant petition is directed against charge sheet dt.11/03/05 (Ann.2) served upon petitioner U/r 16 of Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (“CCA Rules”) - in course of pendency whereof, he retired in December, 2007. Grievance of petitioner is that on account of pendency of disciplinary inquiry, his retiral dues have been withheld U/r 7 of Rajasthan Civil Services (Pension) Rules, 1996. Counsel submits that very initiation of disciplinary inquiry was bad and in violationof Rajasthan Civil Services (Conduct) Rules, 1971 and inquiry is allowed to continue even after retirement only if act imputed against delinquent is of grave nature and in absence whereof, initiation and continuation of inquiry after retirement cannot be held to be justified. CW 12617/09 //2// It has been informed to this Court that petitioner has already submitted his defence and matter is pending before inquiry officer who has to submit its report to the disciplinary authority who has to take final decision in the matter and since more than four years have rolled by now, petitioner's pensionary benefits have been withheld. Since the petitioner has participated in the inquiry and it is at the verge of submitting report alongwith record of inquiry to the disciplinary authority. This Court does not think it proper at this stage to examine submissions made on behalf of petitioner on merit; but considers it appropriate to direct the respondents to conclude the inquiry pending against petitioner for consideration before disciplinary authority to take decision within six months and communicate final order to him. With the observations (supra), writ petition stands disposed of. A copy of this order be sent to respondent No.2 for necessary compliance. (Ajay Rastogi), J. K.Khatri/p.2/ 12617CW09Oct12Ds.doc