JUDGMENT :

C.L. Soni, J.

The petitioner has prayed for following relief in para 7(A) to (D) of the petition filed under Article 226 of the Constitution of India:-

“(A) declare and hold that the petitioner has retired from the service of the Government w.e.f. 30.9.2005, and direct the respondent authorities to finalise the pension case of the petitioner, and make payment of all the retirement dues accordingly, and

(B) quash and set aside the charge sheet dated 2.12.2006, and

(C) award the cost of the petition, and

(D) pending admission and final disposal of this petition, the Honourable Court may be pleased to restrain the respondent authorities from proceeding further with the departmental inquiry pursuant to the charge sheet dated 2.12.2006.”

2. The case of the petitioner is that he was in the service of Government of Gujarat since 1.2.1984 and since October, 1989, he had been working on the post of Employment Officer Class-II. It is his case that the Government of Gujarat, Labour and Employment Department is the appointing authority for the post of Employment Officer Class-II. The petitioner has averred that on completion of 20 years of service, it was open to him to ask for voluntary r