RAKESH PANDITA Vs. LIC

JUDGEMENT

(1.) THE only ground urged in this writ petition for setting aside of the departmental enquiry initiated against the petitioner is the ground of delay. What is urged by the petitioner is that petitioner had applied for VRS vide letter dated 20.10.2006, and after the expiry of the period specified in the application, it is averred on behalf of the petitioner that the petitioner is deemed to have got voluntary retirement. It is argued that departmental proceedings thus could not be initiated after about three years of deemed acceptance.

(2.) ON behalf of the respondent no.1, it is pleaded that there cannot be automatic voluntary retirement and an application for VRS has to be accepted under the rules.

(3.) I may note that during the pendency of the petition enquiry proceedings have been completed. The petitioner has participated in the same and a report has now been made by the Enquiry Officer which has been filed in a sealed cover to this Court. What is the report of the enquiry officer is not known and in any case, the report of the enquiry officer is not final inasmuch as, the report of the enquiry officer has to be accepted by the Disciplinary Authority, and that too after giving the petitioner a show cause notice and also personal hearing. Therefore, today, there is no prejudice to the petitioner by any order which has been passed against the petitioner.