‘1 , ,w a \Ov IN THE HIGH COURT OF JUDICATURE AT BILASPUR(CHHATTISGARH) WRIT PETITION (S) NOqXK I /éOO8 E ' D . . ,H 7 .. ’ 3? WRIT PTITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INIA. Radheshyom Soni, S/o Late Shri J‘P. Soni, aged about 61 years, ‘ 9 R/o Ravidas Chowk, av r60 Chandaniya Para, Janjgir, Tahsil N3 & District — Janjgir—Champa s (C-G.) VERSUS / 1. The State ofChhattisgarh Through : The Secretary, Co— operative . Department, D.K.S. Bhawah, Mantralaya Raipur (C.G.) g, 2; The Managing Director, / Chhattisgarh State Co- operative Marketing Federation, Civil Supplies, Raipur. ,A’3. The Secretary, Chhattisgarh State Co—operative Marketing Federation, Civil Supplies, Raipur. HIGH COURT OF CHHA’ITISGARH : BILASPUR Wn‘t Petition {Sh No. 4231 of 2008 Petitioner Radheshyam Soni Versus Respondents The State of Chhattisgarh & others CONSTITUTION WRIT PETITION OF UNDER INDIA ARTICLE 2261227 OF THE N V (SB: Hon’ble Shn‘ Satish K. Agnihotri J.) Shri S. C. Velma, Advocate for the pétitioner. ~ Shri A. V. Shn'tihar, Panel Lawyer for the respondent No. 1. Shri Dilip Dubey, Advocate for the respondents No. 2 & 3. ORDER (Oran ( Passed on this 9th day of Mamh, 2O 10) * Heard. Learned counsel appealing for the petitioner submits that the been retired mm service W.e.f. 30.7.2005 on attaining the age of superannuation. Even after retirement the full and nnal redral dues have not been paid to the petitioner. 2. After Ien‘rement, a Show cause notice dated 3/19—1-2006 (Annexure P/ 2) was issued to the peu'n'oner 1'11 regaxd to some Being diesatisiied with the reply of the pen'n'oner, a charge sheet was issued on 25/30—1~2008 and a departmental \\ e11quily has been initiated against the petitioner. r- ’L / The petitioner has filed this petition seeking a direction to the respondents to disburse all the reu'ral dues and benems to the petiu'oner and to quash the charge sheet (Annexule P/ 1). Learned counsel appealing for the respondents No. 2 and 3 submits that while the petitioner was in service, pursuant to the letter of the Secmtaiy, Chhattisgarh State Cooperative Marketing Federation dated 8. 10.2004, a preliminary enquiry was held and the enquiry Ieport was submitted by the enquiiing authority on 30.4.2005 (Annexuxe R/ 1). Thus, it is incorrect to say that the action was taken after the retirement of the petitioner. The departmental enquiry is in progress. I have heani learned counsel appearing for the parties and perused the pleadings and documents appended thereto. I have not found any irregularity or illegality in the process adopted by the concerned authority to initiate the departmental enquiry. The charge sheet against the petitioner is pending enquiry and consideration. The petitioner may very well participate in the enquiry and put forward his case. At this stage it is neither expedient nor proper to interfere with the pending enquiry against the petitioner The petition is accordingly dismissed. However, it is expected that the departmental enquiry may be concluded expeditiously, in accordance with law. No order asto costs. Sdl- Satish K. Agnihotri Judge \i‘ .