WP(C) 2525/2011 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA. Heard Mr. A.D. Choudhury, learned counsel for the petitioner as well as Ms A. Ve rma, learned Standing Counsel, Finance Department. I have also heard Mr. C. Baru ah, learned counsel representing the Accountant General. The petitioner, who has retired from service on attaining the age of superannuat ion w.e.f. 31.3.2007 having not been paid his pensionary and other retirement be nefits, has filed the instant writ petition for a direction to the respondents t o release those benefits. Be it stated here that the petitioner has also not bee n paid provisional pension. The respondents have filed their counter affidavit. In the counter affidavit fil ed by the State respondents, it has been contended that since two enquiries are pending against the petitioner, his pension case could not be finalized. In thi s connection, they have enclosed copies of the enquiry reports to the counter af fidavit. As per the affidavit-in-opposition filed by the Accountant General, it having no t received pension papers of the petitioner from the department concerned, nothi ng could be done towards release of pension of the petitioner. As per Rule 21 of the Assam Services (Pension) Rules, 1969, after the retirement of an employee, pension can be withheld wholly or partially only when the incum bent is held guilty of the charge pursuant to a departmental proceeding. Further , if the departmental proceeding is not initiated within 4 years from the date o f retirement of the incumbent, there is bar of initiation of such proceeding. In the instant case, the enquiries, about which the respondents have stated in t heir counter affidavit are the fact finding enquiries and not in the form of dep artmental enquiries. Moreover, the stipulated 4 years having expired from the d ate of retirement of the petitioner, it will also to be seen as to whether the r espondents can now initiate the said departmental proceeding against the petitio ner. Even in the fact finding enquiry report, nothing had been pinpointed agains t the petitioner. In case of pendency of a departmental or criminal proceeding, the authority is bound to provide provisional pension to the incumbent. The pet itioner has neither been provided with provisional pension now regular pension. In view of the above, the respondents are directed to finalize the pension case of the petitioner without any further delay. Let entire exercise be carried out as expeditiously as possible, but at any rate, not later than 31st October,2011.