KARTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined as Sub Inspector in the Central Excise Collectorate on 5.4.1962. He was promoted as Inspector, Central Excise in the year 1972. In the year 1977, the Central Government framed a scheme of Voluntary Retirement according to which the goverment employees, who have put in not less than 20 years of service, can seek voluntary retirement. The petitioner made a representation on 18.1.1982 seeking voluntary retirement under Voluntary Retirement Scheme and requested the authority to treat his representation as Three Months' Notice as required by the scheme, as he was completing 20 years of service on 4.4.1982. The petitioner was informed that Three Months' Notice for voluntary retirement should be given only on completion of 20 years of service. Thereafter the petitioner made another request on 21.4.1982 for seeking voluntary retirement with effect from 4.4.1982. In pursuance of the request of the petitioner, he was allowed to retire voluntarily under the said scheme with effect from 9.7.1982 vide Annexure P.9. Before 9.7.1982 disciplinary proceedings were initiated against the petitioner on 3.7.1982. The Articles of Charge were enclosed with the Memorandum dated 3.7.1982 (Annexure P.13). The first charge against the petitioner was that during the period from 25.8.1980 to 19.5.1981 the petitioner while functioning as Inspector, Central Excise, failed to maintain absolute integrity and devotion to duty and it was alleged that he visited premises of certain Gold Dealers and threatened them with ulterior motive and he also harassed and threatened an assessee. The second article against the petitioner was that he levelled baseless allegations against the Senior Offices and refused to co-operate in the enquiry conducted by Shri D.C. Bhatia, Superintendent. On these two charges, the petitioner was asked to submit his explanation by the Assistant Collector in his Memorandum bearing No. C.No.II-10(4)Vig/Sec/82/2441 dated 30.8.1982. It is an admitted fact that this charge was served on him on 5.7.1982 and thereafter he was allowed to retire voluntarily under the Voluntary Retirement Scheme with effect from 9.7.1982.

(2.) In this writ petition, the petitioner is seeking a writ of mandamus declaring that he was deemed to have retired voluntarily from service on 3.7.1982 when the period of three months' notice expired and to direct the respondents to make final settlement of his dues and for a writ of certiorari to quash the disciplinary proceedings initiated against him on 3.7.1982 (vide Annexure P.13) and also for a writ of prohibition for forebearing the respondents from taking action against the petitioner in pursuance of the said Memorandum of chargesheet.

(3.) There is no dispute that the petitioner completed 20 years of service and he is entitled to seek voluntary retirement under the voluntary Retirement Scheme framed by the Central Government. The order permitting him to retire from service (Annexure P.9) reads as follows:-