HIMMAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 14-07-2003 passed by the High Court of Punjab and Haryana in cwp No. 14261 of 2000 dismissing the writ petition filed by the Appellant herein questioning an order dated 24-08-2000 by reason whereof his offer for voluntary retirement was accepted.

(2.) The Appellant was appointed as a Constable in Haryana Police. In 1992, he was promoted as Head Constable. He allegedly had been on unauthorized leave. The Station House Officer made a report to the superiors about his behaviour and conduct. He was placed under suspension, whereafter a departmental proceeding was initiated against him. During the pendency of the said enquiry, according to the appellant, when he was called to the office of the Superintendent of Police on 29-05-2000, filed an application wherein he, inter alia, expressed his intention to go for voluntary retirement with effect from 31-08-2000 in the following terms :"most respectfully I want to bring in your kind notice that on 19-8-1999 at about 9 P. M. I received an VT on wireless set from previous worthy S. P. Shri O. P. Singh ips, Hisar that, three unknown culprits covering their mouth riding on an matiyala scooter round up these. 2. That at that time I was present along with police party near Puspa Complex near Dabra Chowk, Hisar. 3. That above culprits come on above scooter towards ply over the turned in sector 13 A, Hisar Shopping Center I covered these in Sector 13 while running behind these might right leg gone in sewerage dip and I got fracture. 4. That on 19-8-99 I was admitted in G. H. Hisar remained in G. H. Hisar up to 4-10-1999 and got 15% disability on 1-3-2000. I am still under treatment. 5. That now I feel lackness in my right leg and now I want to go on retirement from 31-08-2000. "

(3.) Allegedly, thereafter he was absolved of the charges framed against him in the departmental proceedings. He despite reinstatement in service allegedly was not allowed to perform any duty. Indisputably, by an order dated 24-08-2000, the offer of the Appellant for voluntary retirement was accepted, which reads thus :"hc Himmat Singh No. 852/hsr is hereby permitted to proceed on voluntary retirement w. e. f. 31-8-2000 A. N. i. e. after the expiry of notice period. "