Hon’ble Siddhartha Varma, J.—The contention of the petitioner is, that after he had retired from the post of an Assistant Engineer in U.P. Provincial Division, U.P.P.W.D., Hathras (Mahamaya Nagar) on 30.11.2006, he was served with a charge-sheet on 27.2.2007 which related to the financial year 1998-99, and thus, the disciplinary enquiry did not conform to the mandatory provisions of Regulation 351 A of the Civil Service Regulations which provides that if a public servant who had retired shall not be proceeded against by the department in respect of any event which took place more than four years before the institution of the proceedings if the proceedings were not instituted while the petitioner was in service. For this purpose the petitioner has also relied on a Government Order dated 17.1.2001.

2. In reply, the learned Standing Counsel argued that, in fact, the proceedings were initiated while the petitioner was in service. He argued that by the order 12.7.2006 an enquiry officer was appointed. The learned Standing Counsel further argued that the charges which were leveled against the petitioner were known to the respondents only when another Executive Engineer in the Dep