WP(C) 3721/2011 BEFORE HON’BLE MR JUSTICE B.K. SHARMA By means of this writ petition, the petitioner who has already retired f rom service on attaining the age of superannuation on 30.06.2010 has called in q uestion the non-regularisation of the period of suspension from 07.09.2000 to 12 .03.2001. His further prayer is to finalise the departmental proceeding as early as possible so that the pensionary and other retirement benefits that have accr ued to him paid should be paid. Immediately after placing the petitioner under suspension the petitioner was issued with charge sheet dated 15.11.2000 (Annexure-II) against which the p etitioner submitted his reply on 02.08.2001. However, the departmental enquiry c ould not be finalised during the service tenure of the petitioner and now he has retired from service as stated as above. Thus in this situation, the petitioner made Annexure-XV and Annexure-XVI representations dated 02.01.2010 and 31.12.20 10 to his controlling authority, i.e. Executive Engineer, Guwahati West Division , Ulubari. Mr. S. Chakraborty, learned counsel for the petitioner submits that dela y in finalising the departmental enquiry itself is a ground to set aside and qua sh the same. He submits that in the name of pendency of the departmental proceed ing even after retirement as aforesaid the respondents cannot withhold the due b enefits payable to the petitioner. Dr. Ahmed, learned Standing counsel, Irrigation Department thoroughly ag reed with the facts stated in the writ petition, submitted that appropriate dire ction be issued for passing final order appropriately in considering the case of the petitioner. In view of the above and having regard to the fat that the petitioner ha d retired from service on attaining the age of superannuation and the department proceeding could not finalised during his service tenure, this writ petition is disposed of directing the respondents to pass appropriate order in the matter t aking into account the aforesaid Annexure-XV and Annexure-XVI representations da ted 02.01.2010 and 31.12.2010. Let the appropriate order be passed towards regul arisation of the period of suspension by finalising the departmental proceeding pending against the petitioner as expeditiously as possible, but at any rate, no t later than 30.11.2011. Depending upon the outcome of the said exercise, the pe titioner shall be paid his admissible dues. With the above directions, writ petition is disposed of.