1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Misc. Civil Application No.882 of 2011 in Writ Petition No.4120 of 2010 (D) (State and anr. vs. Subhash s/o. Krishnarao Pande) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : OCTOBER 13, 2011. Misc. Civil Application No.882 of 2011 Heard Mrs. Bharti Dangre, Additional Government Pleader for applicants. She has pointed out that, on 27.6.2011, Writ Petition No.4120 of 2010 came to be disposed of on erroneous information and facts. In view of the application for review and statements contained therein, we accept this contention and re-call the order dt.27.6.2011. The Misc. Civil Application is accordingly disposed of. WRIT PETITION NO.4120 OF 2010 With consent of the parties, the petition is taken up for hearing. 2 Mr.Gadhiya, Adv. for respondent herein/Original petitioner contends that as charge sheet has not been served within the stipulated period of four years as required by Rule 27(ii)(b) (2) of the Maharashtra Civil Services (Pension) Rules, 1982, departmental enquiry cannot be initiated and withholding of retirement benefits such as gratuity, in this situation, is without jurisdiction. The learned Additional Government Pleader is relying upon the facts which, according to her, show involvement of petitioner in the misconduct. The provisions of Rules (mentioned supra) are very clear. The petitioner has reached the age of superannuation on 31.7.2004 and thereafter, till filing of the petition and even till today, no charge sheet has been served upon him. It is, therefore, obvious that, in view of provisions of the Rule quoted supra, no departmental enquiry in relation to alleged misconduct can now legally be conducted against him. Hence, alleged misconduct cannot be a justification for withholding his gratuity. Hence, we partly allow the petition. We direct the respondents to release gratuity payable to the petitioner in accordance with the provisions of law within a period of 12 weeks from today with 3 interest calculated as per the provisions contained in Rule 129 (B) of the Maharashtra Civil Services (Pension) Rules, 1982. No costs. JUDGE JUDGE jais