C.K. Prasad, J.

1. This writ application was filed by the petitioner Vimal Kumar Shri vastava for quashing the order dated 7.12.1985 passed by the District & Sessions Judge, Durg whereby in exercise of the powers conferred under Rule 42 (b) of the M.P. Civil Services (Pension) Rules, 1976 the petitioner was directed to be compulsorily retired on completion of 25 years of service. During the pendency of the writ petition, the petitioner died and this writ petition is being pursued by his legal heirs.

2. Short facts giving rise to the petition are that during the relevant time the petitioner was working as an officiating Uppar Division Clerk in the office of the District & Sessions Judge, Durg. A Departmental Enquiry was initiated against the petitioner vide order dated 17.8.1964, charge sheet was served on the employee and he submitted his reply to the charges on 29.1.1984. In the reply the petitioner denied the charges levelled against him. After submission of the reply an Enquiry Officer was appointed and while the aforesaid enquiry was pending, by the impugned order dated 17.8.1984, the petitioner was directed to be compulsorily retired. According to the petitioner he was comm