by the Court of Chief Judicial
Magistrate by being given benefit
of doubt, and in such type of
cases,thedepartmental
authorities are not precluded
from holding inquiry merely
becauseofpetitioner's
acquittal. From the record of the
inquiry proceedings which has
been placed before the Court, it
can be reasonably said that the
departmental authorities have
dealt with the case of the
petitioner in a most casual
fashion.Admittedly,the
petitioner was placed under
suspension in February, 1979 and
he was alleged to be not
traceable in service till he
attainedtheageof
superannuationon31.1.1980.
However, no final order was
passed in the departmental
inquiry initiated against the
petitioner in the year 1979 and
thedepartmentalauthorities
allowed him to attain the age of
superannuation. The one who
issued the order of retirement of
the petitioner with effect from
31.1.1980 woke up from slumber
after passing of the order of
retirement and then issued the
order of termination under Rule
16 of the Rajasthan Civil
Services (Classification, Control
& Appeal) Rules, 1958. That was
simply impermissible. No order of
termination from service of a
Government servant can legally be
passed after his retirement. The
only action which can be taken
against a government servant
after his retirement is by way of
passing an order under Rule 170
of the Rajasthan Service Rules,
1951. That the disciplinary
