JUDGMENT :

Heard Mr. S. Nath, the learned counsel appearing on behalf of the petitioner and Mr. R. Borpujari, the learned counsel appearing on behalf of all the respondents.

2. The instant writ petition has been filed challenging the charge sheet bearing No. FEB.17/2005/9 dated 31/3/2006, the enquiry report dated 6/7/2010 issued vide letter No.FEB/17/2005/Pt/46 dated 22/1/2013 and the penalty order No. FEB.17/2005/Pt./56 dated 4/4/2013 as well the Notification No.FEB.17/2005/Pt./62 dated 22/7/2014 and for a further direction upon the respondents to release the death-cum-retirement-gratuity of the petitioner, full pensionery benefits, monthly pension including arrear monthly pension.

3. The brief facts of the instant case is that the petitioner while working as the Assistant Director of Audit, Assam, a disciplinary proceedings was initiated against him vide an Office Memorandum bearing No. FEB.17/2005/9, dated 31/3/2006 under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964(for short ‘the Rules of 1964’) read with Article 311 of the Constitution. The said show cause notice issued on 31/3/2006 has been enclosed as Annexure-1 to the writ petition. The charges levelled aga