VINOD KUMAR GOYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition filed under Article 226 of the Constitution, with the petitioner (now represented by his LRs), seeking a writ of mandamus that he be declared to have voluntary retired w.e.f. 14.12.2010 and therefore, once he is deemed to have retired on that date, the impugned order of dismissal, Annexure P-10 dated 30.08.2011, be quashed, by issuing a writ of certitiori qua that order. He further seeks that all retirement benefits as are due to him, with effect from the date of his voluntary retirement, be also released to him.

(2.) The background of the matter is that the petitioner having been appointed as a Junior Engineer on ad hoc basis on 10.06.1973, continued as such till his appointment on regular basis on 01.07.1974. He was promoted to the rank of a Sub-Divisional Engineer in November 2006. His date of birth being 10.10.1953, he was to otherwise attain the age of superannuation on 10.10.2011 and to superannuate from service on 31.10.2011.

(3.) Upon disciplinary proceedings having been initiated against him on charges of disobeying orders of higher authorities, failing to join his duty at the head office on his transfer from Sub-Division Julana, and being wilfully absent from duty since 13.06.2007, an enquiry officer was appointed who is stated to have duly served notice of enquiry proceedings upon the petitioner through his wife, but with the petitioner not having joined enquiry proceedings at all, the enquiry officer eventually, on the basis of evidence produced before him, came to the conclusion that the petitioner was guilty of "flouting of conduct rules", disobedience of orders of higher authorities and willful absence from duty. A copy of the enquiry report has been annexed as Annexure P-2 with the petition.