JUDGMENT :

The petitioner has instituted the writ petition under Article 226 of the Constitution of India challenging a speaking order dated 24.06.2019 passed by the respondent no. 2 as the disciplinary authority in connection with a disciplinary proceeding initiated against the petitioner. In the speaking order dated 24.06.2019, the disciplinary authority [the respondent no. 2] has recorded a finding that the petitioner had overstayed in service for a period of 6 [six] years w.e.f. 01.04.2012 to 31.03.2018. Accordingly, the petitioner was released from service due to retirement w.e.f. 31.03.2012 on superannuation and the pensionary benefits, etc. would be released to the petitioner immediately after recovery of salary already drawn during the period of overstay. Besides seeking setting aside of the speaking order dated 24.06.2019, the petitioner has also sought for a direction to the respondent authorities to release full retirement benefits to the petitioner by taking his date of superannuation as 31.03.2018 i.e. the date till which the petitioner had served as Ex-Roneo Operator in the Directorate of Agriculture, Assam.

2. The petitioner was appointed temporarily as a peon w.e.f. 2