Dipak Misra, J.

1. The petitioner was appointed as a Lower Division Clerk in the year 1977 in the District Judiciary. In the year 1995, he was suspended and proceeded against in a departmental enquiry. The District and Sessions Judge, Damoh appointed a Judicial Magistrate as an Enquiry Officer to conduct departmental enquiry against the petitioner. It is averred in the petition, the Enquiry Officer without following the due procedure as contemplated under the M.P. Civil Service (Classification, Control and Appeal) Rules, 1966 (in short the Rules) conducted the enquiry. As alleged, he was deprived of getting necessary documents. Such witnesses who were inimically disposed towards the petitioner were produced and the principle of natural justice was not followed. It is asserted that the respondent No. 2 was totally annoyed with the petitioner as the wife of the petitioner made complaints against the Disciplinary Authority to the High Court. The enquiry took one and half years and eventually it was concluded. Being aggrieved, the petitioner had filed W.P. No. 3180 of 1998 which was withdrawn. Thereafter the respondent No. 2 passed an order on 3-8-1998 compulsorily retiring the pet