( 1. ) ORIGINAL petitioner Manohar Sukhija was working on the post of Superintending Engineer (Civil) in the respondent No. 1, M. P. State electricity Board {for short the Board}. He was retired voluntarily w. e. f. 30. 9. 2002 vide order dated 30. 9. 2002 (Annexure P-l ). In the said order it was made clear that he is being voluntarily retired from service without any prejudice to the outcome of the Departmental Enquiry pending / contemplated against him.

( 2. ) PRIOR to the aforesaid order of voluntary retirement of the original petitioner a charge-sheet was issued to him on 17. 9. 1992 (Annexure P-2) levelling 2 charges against him. The first charge was that when he was posted at Sarni he called in is office Lady Peon namely Smt. Sumitra Patil who was working in the office of executive Engineer of the respondent Board and misbehaved with her in as much as he caught hold of her hand. The other charge was that he sent a false affidavit in the name of said Smt. Sumitra Patil Peon so as to close the departmental proceedings initiated against him. The said affidavit on enquiry was found to be not sworn by the said Smt. Sumitra Patil.

( 3. ) THE original petitioner submitted h