Barin Ghosh, C.J. (Oral)

Respondent no.1 retired on 30.6.2005. On 2.11.2007, a charge sheet was issued to the respondent no.1. In that, three specific charges were made out. Those were pertaining to period 1.6.1999 to 30.6.2005. Respondent no.1 challenged the said charge sheet before the Tribunal. It was contended before the Tribunal that the said charge sheet is incompetent as the same was not in accordance with Regulation 351(A) of the Civil Service Regulations. The Tribunal has accepted the contention of respondent no.1 and has, accordingly, quashed the said charge sheet with a direction to release post-retiral benefits of the respondent No.1. Aggrieved thereby, the present writ petition has been filed.

2. The Tribunal found as a fact, to which there is no dispute that after a government employee has retired, recourse to disciplinary proceedings can only be taken against such an employee under Regulation 351(A) of the said Regulations. By the said Regulation, the Governor of the State has alone been authorized to initiate proceedings to establish guilt of grave misconduct on the part of a retired employee, or in respect of pecuniary loss caused to the government by mi