S K BANGIA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner has sought writ of certiorari seeking quashment of the impugned order dated October 9,1993 by which the offer of the petitioner seeking voluntary retirement has been rejected and he had sought mandamus requiring the respondent to voluntary retire the petitioner in pursuance to his letter dated August 16, 1993.

(2.) The writ is opposed by the respondents on the ground that the disciplinary proceedings were in contemplation at the time the letter of voluntary retirement was received and notice indicating the intention to initiate disciplinary proceedings was issued to the petitioner on August 21, 1993 which was served on the petitioner on August 26, 1993 and thus, in view of Rule 20 of the State Bank of India Officers Service Rules, the respondent was justified in declining the request of the petitioner seeking voluntary retirement. It is pleaded that within the three months notice period, the request of the petitioner had been rejected.

(3.) Learned counsel for the petitioner has contended that under Rule 19, the petitioner had the legal right to seek voluntary retirement on his completing 20 years of service and he was only required to give three months' notice in writing and the competent authority of the respondent had no option but to accept the said request of the petitioner seeking voluntary retirement.