DINESH CHANDRA SANGMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant, Shri Dinesh Chandra Sangma, was a District and Sessions Judge at Dibrugarh in the State of Assam. He attained the age of 50 years on February 29, 1976. After serving for about twenty years under the Government, on account of certain 'domestic troubles', he did not want to continue in service after his attainment of 50 years of age. The appellant, therefore, served a notice on the Government under fundamental Rule 56 (c) as amended by the Governor of Assam under Art. 309 of the Constitution by a notification dated 22nd July 1975. By this notice the appellant formally intimated to the Government that he "propose (d) to voluntarily retire from the service" and requested the Government to treat that as a formal notice under F. R. 56. The appellant also indicated in his letter that although he served the requisite three months' notice he proposed to make over charge by the afternoon of 2nd August, 1976. On July 1, 1976, the Governor of Assam by a notification of that date was "pleased to allow Shri D.C. Sangma to retire from this State Government Service with effect from 2nd August, 1976 (afternoon)". The High Court also allowed the appellant to go on one month's leave preparatory to retirement with effect from 2nd July, 1976, on which date he relinquished his charge of office.

(2.) Meanwhile there were some quick developments at the Government's end. The Government sought to retrace its steps and passed an order on 28th July, 1976, countermanding its earlier order of July 1, 1976, allowing him to retire from service with effect from 2nd August, 1976. Accordingly on 31st July, 1976, the High Court, also, squaring with the Government's order of 28th July, 1976, transferred the appellant from Dibrugarh to Dhubri and asked him to join there "immediately after the expiry of his leave".

(3.) The appellant did not join an Dhubri as ordered by the High Court since, according to him, he voluntarily retired from service on and from 2nd August, 1976, under R. 56 (c) of the Fundamental Rules.