1. Heard learned counsel for the petitioner and the State.

2. The petitioner was proceeded with departmentally when memo of charges were served in 1984 on allegations with regard to short-supply in purchase of brick tiles when full payment was released, acceptance of inferior quality valves and illegal issuance of approximately six hundred bags of cement from the store. Final order of punishment was passed affirmed by the appellate authority on 26.8.1995.

3. The petitioner superannuated from service on 31.10.1990.

4. He had questioned his orders of punishment of stoppage of five increments with cumulative effect, censure, stoppage of promotion for five years, recovery of the amount in question, nothing beyond subsistence allowance would be payable in CWJC No. 9070 of 1997

5. It was contended that the first departmental enquiry was based on a preliminary enquiry which formed the basis of memo of charge. This Court noticed the submission that the first departmental enquiry was based on preliminary enquiry, which was ex parte in nature, copy whereof was not given. The findings of the Inquiry Officer were based on preliminary enquiry report. During departmental proceedings, no