ASHOK KUMAR SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant is a member of Indian Police Service. THE Joint Cadre of Assam and Meghalaya was assigned to him. However, on or about 4.6.1997, he was placed under suspension. Disciplinary proceedings were also initiated against him. Statement of imputation of misconduct was served upon him on 9.7.1997. On his completion of 20 years of service, he expressed his desire to retire from the services with effect from 1.8.1997 in terms of sub-rule 2A of Rule 16 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 ('the Rules',for short) by a notice dated 30.4.1997 addressed to the Chief Secretary, Government of Assam, which reads as under: <FRM>JUDGEMENT_274_JT7_2006Html1.htm</FRM>

(2.) HE, however, did not receive any communication in regard to the acceptance of the said offer before the said date either from the Union of India or from the State of Assam. The Government of Assam vide its letter dated 26th May, 1997, forwarded the said request of the appellant for its approval by the Ministry of Home Affairs. The Central Government referred the matter to the Joint Cadre Authority, which agreed to accept the request of the appellant to go on voluntary retirement without prejudice to the existing disciplinary proceedings against him. The resolution of the Joint Cadre Authority reads thus :

(3.) BY reason of a notification dated 8.9.1997, the appellant was communicated that the Governor of Assam has accepted his voluntary retirement in the following terms :