UNION OF INDIA Vs. P LAL, IPS

JUDGEMENT

(1.) THE petitions are directed against order dated 3.2.1998 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short, the Tribunal) vide which O.A. No. 1161 of 1997 - P. Lal v. Union of India and others was allowed and order dated 14.8.1997 passed by the Central Government accepting the request made by Shri R.K. Sharma (respondent No. 3 in C.W.P. No. 6196 of 1998 and petitioner in C. W.P. No. 6461 of 1998) for withdrawal of the application for voluntary retirement was quashed.

(2.) THE facts necessary for deciding the issues raised in the writ petitions are that after serving Indian Army from 1965 to 1972, Shri R.K. Sharma joined the Indian Police Service (for short, 'IPS') (Punjab Cadre) on 16.7.1972. From January, 1982 to September 30, 1990, he remained on deputation in Research and Analysis Wing of the Ministry of Home Affairs, Government of India. He was repatriated to the parent State on 1.10.1990. However, instead of reporting for duty before the competent authority of the Government of Punjab, he proceeded on leave and reported for duty only on 30.9.1991. He was posted as Deputy Inspector General of Police, Computerisation and Wireless, Punjab. After 21 days, he applied for ex -India leave from 24.10.1991 to 10.11.1991 on the ground of illness of his mother, who was staying in London with his sister. He left India without getting the leave sanctioned. While in London, he applied for extension of leave. By an order dated 20.1.1992, the Government of Punjab sanctioned earned leave in his favour for the period from 24.10.1991 to 10.1.1992 with a clear indication that no further extension would be given. His request for further extension of leave was expressly declined by the Government of Punjab vide memo No. 7/11/91 -5H(i) -2261/5309 dated 9.6.1992. However, he did not report for duty till 12.4.1993 when he submitted joining report before the Director General of Police, Punjab. In the meanwhile, he submitted application dated 22.6.1992 for voluntary retirement from IPS w.e.f. 31.10.1992, but withdrew the same vide communication dated 13.7.1992 addressed to the then Director General of Police, Punjab. His request for further extension of leave was again declined by the competent authority and disciplinary proceedings were initiated against him under Rule 8 of the All India Service (Discipline and Appeal) Rules, 1969 (for short, 'the 1969 Rules') on the following charge : -

(3.) THE application submitted by Shri R.K. Sharma for voluntary retirement from service was rejected by the Central Government on the ground that there is no provision in the rules for allowing an IPS officer to make payment in lieu of three months' notice. This was conveyed to the Chief Secretary, Government of Punjab vide wireless message No. 31012/4/93 -IPS.II dated 27.9.1993. On receipt of that communication, the Government of Punjab in Home Department sent letter No. 1/194/93 -3H(I) dated 29.9.1993 to the Central Government with the request for waiver of three months' notice. This too was rejected by the Government of India vide fax message No. 31012/3/94 -IPS.II dated 13.9.1994. After about two months, the Department of Home Affairs and Justice, Government of Punjab sent letter No. 1/194/93 -3HI(1)/24614 dated 29.11.1994 to the Secretary, Government of India, Ministry of Home Affairs reiterating that the application of Shri R.K. Sharma for voluntary retirement may be accepted by mentioning that he had not been attending duty since 5.5.1993. The relevant extracts of this letter are reproduced below : -