N RAM REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition arises out of a judgment dated 3-3-2000 passed by the Central Administrative Tribunal in OA No.1905 of 1999 whereby and whereunder the Original Application filed by the petitioner herein was disposed of directing. (a) The impugned order dated 13-7-1999 and 26-10-1999 are hereby set aside. (b) The applicant shall be deemed to have retired from service w.e.f. 31-7-1999. (c) As disciplinary action is contemplated against the applicant the respondent authorities shall sanction only the provisional pension to the applicant in accordance with the rules. (d) The respondents shall issue a fresh charge memo in accordance with the rules on or before 31-12-2000 if not issued within this stipulated time they shall release all the pensionary benefits to the applicant.

(2.) The factual matrix of the matter lies in a very narrow compass. The petitioner was appointed as Inspector of Central Excise and Customs. He was subsequently promoted as Superintendent. The petitioner pending a departmental enquiry prayed for retirement from service voluntarily as contemplated under Rule 48 of the CCS (Pension) Rules 1972. The said prayer was rejected by an order dated 26-10-1999 passed by the Commissioner the 2nd respondent. In the aforementioned situation the petitioner herein prayed for in the said OA inter alia claiming the following reliefs:

(3.) The learned Tribunal keeping in view the aforementioned provisions of Rule 48 of the CCS (Pension) Rules and various decisions of the Central Administrative Tribunal and also the Supreme Court held: