RAJENDRA PRASAD DWIVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order dated 28.11.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as "the Tribunal"), whereby OA No. 4249/2010, filed by the petitioner, was dismissed. The facts giving rise to the filing of this petition can be summarized as follows:

(2.) It was alleged in the charge memo that the petitioner, along with Constable Vijay Prabhu, went to the residence of one Bharat Bhai Shah, who was prosecuted under Section 120-B and 420 of Indian Penal Code read with Sections 5(1)(d) and 5(2) of Prevention of Corruption Act and who was awarded punishment of simple imprisonment for one day and fine of Rs 4,00,000/-. It would be pertinent to note here that prosecution of Shri Bharat Bhai Shah on behalf of the CBI was being conducted by the petitioner and he did not attend the aforesaid case, on the day he visited Shri Bharat Bhai Shah in the Hospital. It was also alleged that in another case, he contacted one Vijay Nanalal Seth against whom a case under Section 120- B read with Section 420/409/467/468 and 471 of IPC and Sections 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 was registered, assured him of arranging bail within a few days of his arrest, if Rs 2 lakh were paid by him and later when Shri Seth was released on bail, he paid Rs 2 lakh to the petitioner. Yet another allegation against the petitioner was that on 29.06.2005, he unauthorizedly enquired about the information regarding searches to be conducted on 30.06.2005, in the cases in which he was not involved.

(3.) In the meanwhile, the petitioner submitted a notice dated 03.03.2010 under Rule 48(1)(a) of CCS (Pension) Rules, 1972, seeking voluntary retirement from service. The request of the petitioner seeking voluntary retirement was processed in a separate file. Director, CBI vide note dated 26.3.2010 recommended dropping of disciplinary proceedings and acceptance of notice for voluntary retirement. The Minister of State, who was the Competent Authority to take decision on the application of the petitioner seeking voluntary retirement from service, approved the retirement proposal, subject to the condition that the charge-sheet would be served on him before he was permitted to proceed on voluntary retirement.