UOI Vs. R.K. SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties. The respondent sought voluntary retirement from service on September 24, 2009, which request was accepted on October 26, 2009; resulting in respondent being voluntarily retired from service with effect from the afternoon of October 31, 2009.

(2.) IN what circumstances such request seeking voluntary retirement was accepted need not be commented upon by us for the reason we note that the respondent was a senior IPS officer and at the relevant time, the matter was being processed in the department to initiate departmental proceedings against him for a major penalty.

(3.) IN the instant case, the vigilance department had decided to initiate a disciplinary proceedings and had made a reference to the cadre controlling Ministry (Ministry of Home Affairs) to grant approval to the proposed charge sheet. The necessary approval came from the Ministry of Home Affairs on November 10, 2009, on which date simultaneously the charge sheet was issued. By the time the proposals had been sent to the Ministry of Home Affairs seeking sanction to take departmental action against him, the respondent was in service and thus the draft charge sheet was obviously prepared under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969.