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DELHI HIGH COURT
VALMIKI J.MEHTA
Marmar Mukhopadhyay – Appellant
Versus
Union of India – Respondent
JUDGMENT
Valmiki J. Mehta, J.(Oral)--The petitioner-Prof. Marmar Mukhopadhyay has filed this writ petition seeking two reliefs. The first relief claimed is for quashing of the memorandum/chargesheet dated 28.11.2006. The second relief which is claimed is for quashing of the letter dated 30.11.2006 whereby the respondent no.2/employer has withheld the gratuity amount of the petitioner. I note that in the writ petition the basic challenge is to the memorandum/show cause notice dated 28.11.2006, and for which purpose, the factual and legal cause of action is laid out. The second prayer of the petitioner for release of gratuity is really consequential on the fact that if the memorandum/chargesheet dated 28.11.2006 is quashed, there would then be no entitlement thereafter for the respondent no.2 to withhold the retirement gratuity amount of the petitioner.
2. In this case several hearings have taken place at the stage of final arguments. Petitioners had relied upon certain judgments of the Supreme Court to contend that departmental proceedings cannot continue after the retirement of the petitioner on 30.11.2006. On behalf of the respondent no.2, the entitlement to continue the enquiry
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