JUDGMENT :

Rekha Borana, J.

1. The petitioner was working as Manager with the Jodhpur Cooperative Bank and was placed under suspension on 26.07.2004 just 4 days before his retirement. He retired on 31.07.2004 and post retirement, his gratuity amount was not released.

2. Aggrieved against the same, the present writ petition has been filed. During the pendency of the writ petition, on 18.03.2006, a charge-sheet was served on the petitioner under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as "CCA Rules) and the proceedings in pursuance to the same were concluded vide the inquiry report dated 03.01.2011. The inquiry officer exonerated the petitioner qua charge No. 2 but found him guilty for supervisory negligence qua charge No. 1. On the basis of the conclusions arrived at by the inquiry officer, the petitioner was dismissed from services vide order dated 16.05.2011. After the dismissal order being passed, the present writ petition was amended and the order of dismissal was also put to challenge.

3. It has been argued by counsel for the petitioner that firstly, no charge-sheet could have been issued to the petitioner af