Neutral Citation No. - 2025:AHC:141584 Court No. - 5 Case :- WRIT - A No. - 26281 of 2008 Petitioner :- Lt. Col. V.K. Sethi Retd. Respondent :- Union Of India Thru Principal Secy. Secy. And Others Counsel for Petitioner :- Nikhil Agrawal,Rahul Agarwal Counsel for Respondent :- A.S.G.I.,Ajay Bhanot,Manoj Kumar Singh,S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Vedant Agrawal, Advocate holding brief of Sri Rahul Agarwal, learned counsel for petitioner and Sri M.K. Singh, learned counsel for respondents. 2. In the present case, petitioner has challenged the order of termination dated 27.02.2008. 3. This Court has passed following order on 27.05.2008 :- “Perusal of the order dated 27th February 2008 that has been impugned in the present petition reveals that the services of the petitioner have been terminated with effect from 27th May 2008 on the ground that the petitioner had made a request for seeking voluntary retirement from service but such a scheme is not applicable to employees of BIBCOL. Learned counsel for the petitioner has urged that in case there was no VRS scheme applicable to the employees of BIBCOL, the employer could have rejected the application but under no circumstances they could have terminated the services of the petitioner. There appears to be substance in the submission advanced by learned counsel for the petitioner. Sri Ajay Bhanot learned counsel appears for respondent Nos. 1, 2, 3. Issue notice to respondent No. 4 by registered post. Steps may be taken within a week. Counter affidavit may be filed by the respondents within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this petition for admission immediately after the expiry of the said period. The name of Sri Rahul Agrawal, learned counsel shall also be shown as the counsel for the petitioner. Till the next date of listing, the operation of the impugned order dated 27th February 2008 shall remain stayed.” 4. It is on record that by a charge-sheet dated 30.10.2007, an inquiry was initiated on 8 charges. During pendency of aforesaid inquiry, petitioner got retired on 30.11.2009 and subsequently, inquiry was concluded on 10.09.2018 which is taken on record that departmental inquiry against the petitioner was closed since he got retired. For reference, said order is quoted below :- “Whereas an inquiry under Rule 30 of BIBOL Conduct, Discipline and Appeal Rules 1990 was initiated against Lt. Col. V.K. Sethi (Retd) Ex. Dy Chief General Manager (Utility) against the article of charges framed vide order No. BIB/PER/107/01-02/01/07 dated 30.10.2007 (signed on 31.10.2007). Consequent upon the inquiry Report submitted by Inquiry Officer on 06.10.2017, out of 11 Article of Charges, 4 charges have been partly proved and 4 have been found to be proved. As per the Rule 27 of BIBCOL Coduct, Discipline and Appeal Rules 1990, the charged proved in the Inquiry Report are covered under the minor penalty. Since the Charged Officer has already been retired from service in BIBCOL on 30.11.2009 and there is no meaning to impose any penalty on him after retirement. Hence the competent authority of BIBCOL has decided to close the case treating the departmental inquiry as concluded. Consequently, the case of departmental inquiry against Lt. Co. V.K. Sethi treated as closed.” 5. In aforesaid circumstances and taking note of subsequent events, this Court finds that impugned order dated 27.02.2008 is liable to be set aside, hence, it is set aside and its legal consequence shall follow. 6. Therefore, this writ petition is disposed of with an observation that petitioner may approach the respondents concerned if there is any ambiguity in pay fixation if there is no legal impediment. Order Date :- 19.8.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad