JUDGMENT :

BIRENDRA KUMAR, J.

1. Heard the parties.

2. The petitioner was posted as Assistant Engineer in the Road Construction Division at Jehanabad, when he was put under suspension in contemplation of the departmental proceeding vide Resolution dated 31.03.1999 effective from 08.03.1999. During pendency of the departmental proceeding, the petitioner retired from service on 31.01.2001.

3. In the departmental proceeding, punishment was awarded without giving opportunity of hearing to the petitioner by order dated 14.03.2005 vide order at Annexure-9. The petitioner challenged the aforesaid order of punishment before this Court in CWJC No. 7854 of 2005 which was disposed of on 27.10.2005 by quashing the impugned order and direction was issued to the respondent authorities to pass appropriate order after giving opportunity of hearing to the petitioner. Thereafter, the authorities asked the petitioner to file show-cause and the petitioner filed show-cause on 04.01.2006, a copy at Annexure-11.

4. By the impugned notification dated 03.10.2006 at Annexure-12, the authorities passed a cryptic order by stating that “after consideration of the show-cause of the petitioner, the same was rejected