( 1 ) COMMON question is involved in both the writ petitions. The petitioners assail the validity of continuance of departmental enquiry after the date of superannuation in the absence of service rules providing for continuance of disciplinary proceedings after retirement.

( 2 ) IN W. P. No 3350/1997 petitioner radheshyam Khichrolia submits that he retired from the service of Madhya Pradesh State cooperative Marketing Federation (for short "the Federation") on December 30, 1995; a departmental enquiry was instituted against him in the year 1992 in which the final order was passed on March 5, 1998 as contained in annexure R/20; a recovery of Rs. 43,000 was imposed which amount was found to be misappropriated by the petitioner Radheshyam khichrolia. This order of recovery was imposed during pendency of the present writ petition. The writ petition has been amended thereafter seeking the relief of quashment of impugned order inflicting punishment and imposing recovery. The retiral dues of the petitioner were withheld even after his retirement and he was not paid the retiral dues owing to pendency of the said departmental enquiry.

( 3 ) IN W. P. No. 4738/1998 petitioner K