M.N. Bhandari, J.

1. Heard finally with consent of learned counsel for the parties. By this writ petition, challenge has been made to the charge-sheet dt. 07.12.2009 and the order dt. 30.12.2009 whereby petitioners request for voluntary retirement was rejected in view of pendency of inquiry.

2. Learned counsel for the petitioner submits that frivolous charge-sheet was served on the petitioner regarding absence from duty ignoring his sickness during intervening period coupled with medical certificates. This petition was filed at the stage when petitioner was pressing for voluntary retirement for personal reasons but now, petitioner has been superannuated during pendency of writ petition. Thus, issue pertaining to order dt. 30.12.2009 no more survives rather, to that extent petition has become infructuous. The only challenge now remains is with regard to charge-sheet containing allegation of willful absence. Petitioner has submitted detailed reply explaining his conduct as the period of absence was duly supported by medical certificates. Thus, charge-sheet may be quashed. The petitioner has not been paid due retiral benefits as yet.

3. Learned counsel for the respondents, on the other hand, submits that question of fact as to whether charge is made out or not may not be decided by this Court while invoking writ jurisdiction under Art. 226 of the Constitution of India. The petitioner may explain his stand regarding absence in pending departmental inquiry. Thus, respondents may be permitted to continue with the inquiry. So far as other issues are concerned, petition has become infructuous as petitioner has already been superannuated.

4. I have considered the submissions made by learned counsel for the parties and perused the material available on record.

5. The only issue now pressed is in regard to charge-sheet dt. 07.12.2009 (Annx. 6). Petitioner was served with the charge-sheet containing allegation of absence from duty without leave. He has already given detailed reply to the chargesheet. He has submitted certain documents including medical certificates. Vide order dt. 16.12.2009 (Annx. 8) also petitioner was asked to submit certificate of medical board for confirmation of disease. In any case, finding of fact as to whether charge is proved or not cannot be given by this Court while exercising writ jurisdiction under Art. 226 of the Constitution of India. Accordingly, the writ petition is disposed of with direction to respondents to complete departmental inquiry as early as possible, preferably within a period of three months from the date of receipt of copy of this order. Since petitioner stood retired, he would be entitled for provisional retiral benefits and if exonerated in pending inquiry, for all the retiral benefits.