CHIRANJI LAL Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the charge -sheet and termination order Annexures P -4 and P -5 (wrongly mentioned in the prayer clause as Annexures P -1 and P -2).

(2.) VIDE Annexure P -5, the petitioner was dismissed from service with effect from 28.8.1986. The petitioner had given an application for voluntary retirement on 1.8.1984 (copy Annexure P -1). However, the respondent chose not to give voluntary retirement but issue chargesheet and pass the order of termination of service of the petitioner. The chargesheet is dated 25.10.1985. The case of the respondent is that the petitioner was working as General Secretary of the Congress Party and the rules prohibited the government employees from being members of any political party. After the chargesheet was given, enquiry was not carried out and the respondents have invoked the provision of Article 311(2) of the Constitution of India Observing that it is not reasonably practicable to hold the regular enquiry and to afford reasonable opportunity to the petitioner. The reasons mentioned in Annexure P -5 can be reproduced as under: -

(3.) COUNSEL for the petitioner argued that the petitioner be permitted to be retired voluntarily. According to the petitioner, the respondents are relying on instructions Annexure R -l dated 30.4.1981 for not permitting him to retire voluntarily. Accordingly to learned counsel that instructions are superseded by the instructions Annexure P -8. Accordingly, the respondents shall also take into consideration the instructions Annexure P -8 and redecide whether the petitioner should be permitted to retire voluntarily or not.