JUDGMENT :

Order dated 28th May, 2021 issued by the Government of Jammu & Kashmir, whereby the petitioner has been served with Article of Charges and statement of imputation in support of each charge and has been asked to submit his written statement of defence, is made subject matter of challenge in this petition. The petitioner also prays for a mandamus to the respondents to settle, finalize and release his post retiral benefits i.e. monthly pension, gratuity and leave salary etc.

2. The impugned order of the Government is assailed primarily on two counts:-

(i) That the impugned order was served upon the petitioner after 31st May, 2021 i.e. after the date of his superannuation on retirement from service and, therefore, it was not permissible in law to hold any enquiry against the petitioner after his retirement.

(ii) That the impugned order, which is purportedly issued on 28th May, 2021, even if assumed to have been issued while the petitioner was in service, yet the respondent could not have continued with the enquiry after the retirement of the petitioner from service.

3. Before adverting to aforesaid twin grounds of challenge vehemently urged by the learned counsel for the petiti