S.S.Nijjar, J.

1. In this petition under Article 226/227 of the Constitution of India, the petitioner is seeking issuance of a writ in the nature of mandamus directing the respondents to grant 100% pension to him w.e.f. the date he retired.

2. It is not disputed that having completed satisfactory service, the petitioner retired on superannuation on 31.5.2002, 75% of the pension of the petitioner has been released on 25.2.2003. 25% of the pension and other retiral benefits are said to be withheld on the ground that a show cause notice dated 7.12.1998 has been issued to the petitioner with regard to certain material which was handed over to him while he was in service. The petitioner submitted reply dated 12.12.1998. The respondents have not taken any final decision on the show cause notice. The petitioner has submitted representation dated 27.2.2003 seeking release of remaining pensionary benefits. Even the representation has not been decided till date.

3. Learned counsel for the petitioner submitted that the department enquiry will only begin with the issuance of the charge sheet. Till date, no charge sheet has been issued. He, therefore, submits that there is no justificat