VARINDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner joined the Haryana Civil Service (Executive) on 26th September, 1976. He was given Super Time Scale. The Union Public Service Commission selected the petitioner in IAS Cadre and he was placed in the select list for the year 1995-1996, on the basis of his service record. There were certain disputes between the petitioner's father and respondent No. 2-Chief Minister, Haryana. The father of the petitioner was ex-minister in the Haryana and there was a political rivalry between the two. According to the petitioner because of this political rivalry and animosity, the name of the petitioner was placed on provisional basis and the petitioner was being harassed by the authorities. A charge-sheet was served upon the petitioner. In certain inquiries, he was exonerated, while in the other punishment of stoppage of two increments without cumulative effect was imposed upon him. The petitioner being served with different charge-sheets, submitted a notice for voluntary retirement on 1.9.2003. This request of the petitioner was rejected by the respondents, vide their order dated 8th September, 2003. The petitioner made another request to relieve him from service and to retain his entire retiral benefits to be paid only on conclusion of the disciplinary proceedings pending against him. However, this request of the petitioner was also declined vide letter dated 21st October, 2003.

(2.) The disciplinary proceedings against the petitioner was pending, according to the respondents, whereas, according to the petitioner, they have been concluded. Vide order dated 8th September, 2003, the request of the petitioner for voluntary retirement/resignation has not been accepted by the State despite the request.

(3.) Relying upon the rules, the case of the petitioner in this petition under Article 226 of the Constitution of India is that the orders dated 8th September, 2003, 21st October, 2003 and 8th December, 2003, Annexures P/3, P/5 and P/7 respectively to the writ petition be quashed and the notice dated 1st September, 2003 Annexure P/1 sent by the petitioner for voluntary retirement be accepted or in alternative the same be treated as a letter of resignation in accordance with the service rules.