Through Video Conferencing:

Heard Sri P.V. Krishnaiah, learned counsel for the applicant.

2. Sri V. Vinod Kumar, learned Senior Central Government Standing Counsel takes notice for the respondents and seeks time for filing reply.

3. The applicant belongs to 1997 batch AGMU of Indian Police Service (IPS). He was issued a charge Memo dated 18.09.2012 and thereafter, he was prematurely retired on 03.08.2017.  The applicant challenged the premature retirement by filing OA.840/2018 which is pending adjudication by the Tribunal.  The applicant now submits that the respondents have directed him to appear before the inquiry Officer vide letters dated 17.02.2021 and 02.03.2021.  The grievance of the applicant is that when he has already been prematurely retired, the question of further inquiry would not arise.  Besides, the premature retirement of the applicant has been challenged in OA.840/2018 which is pending  adjudication by the Tribunal for want of reply from the respondents and  hence any inquiry conducted at this juncture of time would not be as per rules and law.  Therefore, he has sought interim order to stay the inquiry. 

4. Heard both the counsel. Ld. respondents counsel sought two weeks time to revert with standing instructions. Permission is granted and till the instructions are received, the inquiry should not be held.

5. List the case on 15.04.2021.