ORDER :

1. The petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India by challenging the punishment order dated 03.06.1999 issued by the respondent by which a penalty of 5% deduction in pension for two years was imposed.

Submissions by the petitioner:

2. Counsel for the petitioner submits that the due date of retirement of the petitioner was 30.06.1991 but a day prior to his retirement, charge sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short ‘Rules of 1958’) was served upon the petitioner for an incident pertaining to year 1977. Counsel submits that after a delay of 14 years, charge sheet was served with a malafide intention to take action against the petitioner. Counsel submits that though the petitioner forwarded the matter to the competent authority to take action against the jail guards against whom the judgment of conviction and probation was passed but the competent authority did not take any action against those persons. Counsel further submits that even after serving charge sheet to the petitioner, no action was taken against those accused persons to whom benefit of probati