IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No.: 120 of 2011 Decided on: 13.5.2011 S.C. Rokha …..Petitioner Versus State of H.P. and another …….Respondents Coram : The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge For the petitioner: Mr.M.L. Sharma, Advocate. For the respondents: Mr. R.K. Bawa, A.G with Mr. J.K. Verma, Dy. A.G. Justice Kurian Joseph, C.J. (Oral): Petitioner retired from service in the year 2008. He is aggrieved on account of the pendency of the disciplinary proceedings. According to the petitioner, the disciplinary proceedings initiated in the year 1999 had not been completed and it was started afresh by adding an additional charge in the year 2005. But, the fact remains that the first inquiry has never been completed so far. Therefore, there has to be logical conclusion of the departmental proceedings and hence the inquiry initiated during the service period of the petitioner cannot be said to be illegal. 2. According to the petitioner, the additional charge of unauthorized absence is without any basis since the period has been sanctioned. Necessarily, this aspect of the inquiry will have to be looked into as well. However, we make it clear that continuance of the inquiry and the disciplinary action, in view of the intervening superannuation of the petitioner in the year 2008, shall only be for the purpose of recouping the loss, if any, caused to the Government and not for the purpose of imposing any punishment in view of the fact that the petitioner has retired in the year 2008. 2. There will be a direction to the disciplinary authority to conclude the entire proceedings within a period of 3 months from the date of production of a copy of this judgment by the appellant before the disciplinary authority. In 2 case, it is not so concluded, despite cooperation rendered by the appellant, it shall be deemed that the proceedings have been dropped. 3. With the above directions, the appeal stands disposed of, so also the pending application(s), if any. Dasti copy. (Justice Kurian Joseph), Chief Justice (Justice V.K. Ahuja), May 13, 2011 Judge (tilak/mlg)