SANDEEP GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a Superintending Engineer (in short, 'sE') (Civil) in the Border Roads Organization (in short, "BRO") has approached this Court to seek directions to the respondents to consider the petitioner as deemed to have voluntarily retired with effect from 17/4/2024 pursuant to his applications dtd. 30/12/2023 and 30/3/2024 under Rule 48 of the Central Civil Services (Pension) Rules, 1972 (in short, "CCS Pension Rules'). Although, in the petition the petitioner has taken the ground of voluntary retirement under Rule 56(k) of the Fundamental Rules (in short, "FRs"). Additionally, the petitioner has also sought directions to the respondents for grant of all pensionary benefits.

(2.) We may set out the relevant facts as follows:-

(3.) Mr. Tapas Das, the learned counsel for the petitioner, raised two contentions before us. He submitted that the petitioner had preferred the application seeking voluntary retirement, giving over three months' notice, fulfilling all the requisite conditions under Rule 56(k) of the FRs. He submitted that neither any disciplinary or judicial proceedings is pending against the petitioner, as he has not been put to notice regarding any alleged offence committed by him during the course of his employment. He submitted that there is no provision in the FRs to withhold the right of an employee seeking voluntary retirement, except in certain contingencies, that is, when the employee is under suspension or when a departmental inquiry is pending or contemplated against the employee. He submitted that even otherwise, in case of aforementioned contingencies, the authority concerned has to pass a specific order withholding permission to retire and must also communicate the same to the employee. He submitted that upon completion of the notice period, the petitioner is to be treated as having voluntary retired with effect from 17/4/2024.