IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP NO. 1009 OF 2009 DATE OF DECISION: 22.1.2009 Jang Singh ...Petitioner VERSUS State of Punjab & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.S.K.Arora, Advocate for the petitioner Permod Kohli, J. (Oral) Notice of motion. On the asking of this Court, Mr.B.S.Chahal, DAG, Punjab accepts notice on behalf of the respondents-State. With the consent of the counsel, this petition is disposed of at motion stage. The petitioner was initially appointed as Clerk. He was promoted as Senior Assistant. While working as Accountant, he was placed under suspension vide order dated 16.3.2003. Thereafter a show cause notice dated 12.12.2003 was issued to the petitioner under Rule 10 of the Punjab Civil Services (Punishment & Appeal) Rules, 1970. He submitted his reply on 16.1.2004. On receipt of the reply, the petitioner was reinstated in service, subject to pendency of disciplinary action, vide order dated 12.1.2006. In the meanwhile, the petitioner retired from service on 30.6.2008. After the retirement, the respondents have passed order dated CWP NO. 1009 OF 2009 :2: 14.11.2008 (Annexure P-4) for holding an enquiry and Enquiry Officer has also been appointed. The petitioner is aggrieved of the aforesaid action. It is contended that the enquiry is being conducted in respect of offence alleged to be committed more than four years old from the date of the retirement. However, from the averments made in the petition, it appears that the disciplinary action was initiated when the petitioner was in service. Thus, the embargo contained under Rule 2.2 (b) of the Punjab Civil Services Rules Vol.II is not attracted. However, in the facts and circumstances of the present case, this petition is disposed of with a direction to the respondents to complete the enquiry and pass appropriate order within a period of four months of the receipt of a certified copy of this order. The other grievance of the petitioner is that his retiral benefits have not been paid till date. The respondents shall pay provisional pension to the petitioner till the conclusion of the enquiry. (PERMOD KOHLI) JUDGE 22.1.2009 MFK