SANTIMAY CHAUDHURI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this writ petition has two fold grievances:--(1) the respondents wrongfully refused to accept his application for voluntary retirement; and (2) they initiated two disciplinary proceeding mala fide, and for frustrating his legal right to go on voluntary retirement.

(2.) In August 2002 he was working in Kolkata office of Indian Airlines Ltd. as senior manager. The company wanted to utilise his service in Chennai, and hence transferred him by order dated 26th August, 2002. Feeling aggrieved, he moved this Court by filing a Writ Petition [No. 12950 (W) of 2002]. By order dated 9th September, 2002 it was disposed off with the observations that he must join the Chennai office though he would be at liberty to make representation to his employer expressing his difficulties in complying with the transfer order. Consequently, he joined the Chennai office on 16th September, 2002 and discharge duties till 29th September, 2002.

(3.) He applied for leave stating illness of his wife. The competent authority sanctioned leave for the period from 30th September, 2002 to 30th November, 2002. While on leave he decided to apply for voluntary retirement in exercise of his right available under Service Regulations for Employees (other than those in the Flying Crew and those in the Aircraft Engineering Department), Regulation 12, which is :