Neutral Citation No. - 2025:AHC:113186 Court No. - 5 Case :- WRIT - A No. - 9610 of 2025 Petitioner :- R.D. Porwal Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Ram Kumar Sinha Counsel for Respondent :- C.S.C.,Shyam Mani Shukla Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ram Kumar Sinha, learned counsel for the petitioner and Sri Shyam Mani Shukla for respondent no.4 and Sri P.K.Shahi, learned Additional Chief Standing Counsel. 2. Petitioner has suffered with disciplinary proceedings and an inquiry report dated 9.5.2023 was submitted. Thereafter, Disciplinary Authority issued a show cause notice on 11.5.2023 to which petitioner submitted his reply on 8.8.2023. However, thereafter no final decision has been taken and the petitioner got retired from service on 31.7.2024. 3. Learned counsel for the petitioner submits that thereafter also, no final order has been passed till date, however by impugned order dated 22.11.2024, State Government has granted permission to continue with disciplinary proceedings even after retirement of petitioner under Article 351-A of the Constitution of India. 4. Learned counsel for the petitioner further submits that on one hand Disciplinary Authority has not taken final decision and on other hand petitioner's dues are still not clear such as Gratuity etc. 5. In reply to specific query of this Court as to whether respondents want to conclude the inquiry or not since it is already pending for last more than 2 years, after show cause notice was replied, even permission was granted to continue with disciplinary proceedings on 22.11.2024 i.e. about 9 months ago, learned counsel for the respondents fairly submits that decision will be taken by the Disciplinary Authority within a period of 15 days from today. 6. In the aforesaid circumstances considering that respondents are interested to conclude the inquiry which is pending for last more than two years after the reply was submitted by the petitioner to the show cause notice, therefore, considering the statement made by learned counsel for the respondents, this writ petition is disposed of with a direction that in case no decision is taken by the Disciplinary Authority, within the aforesaid period, it will be deemed that respondents are not interested to continue with the inquiry so initiated against the petitioner and therefore, its legal consequence shall follow. Order Date :- 15.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad