RAMSHRESHTHA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application seeks quashing of Annexures 19, 20 and 29. The impugned orders visit the petitioner with punishments by withholding of his entire pension and gratuity, and that for the period of suspension nothing beyond the substistance allowance would be paid to him.

(2.) The petitioner was appointed in the services of the Irrigation Department of the State of Bihar on 29.8.1967. While he was posted at Aurangabad in the Mechanical Division as Executive Engineer he submitted a letter dated 16.1.1995 presently at Annexure 14 to the effect that he had completed more than 30 years of service and therefore desired to retire voluntarily. If this be not permissible, "the same may be treated as his letter of resignation in presenti. Thereafter the petitioner contested the election to the State Assembly unsuccessfully in February 1995 as an independent candidate. On 15.4.1995 the petitioner sought to withdraw the letter of his voluntary retirement/resignation dated 16.1.1995 and purported to submit his joining. The respondents on 19.5.1995 then addressed a communication to the petitioner in the background of his letter dated 15.4.1995 making certain queries to enable them to thereafter consider the request of the petitioner. This was followed by the reply of the petitioner dated 6.7.95 wherein he stated firstly that his joining on 15.4.95 be accepted. If there be any objection by the respondents in accepting his joining then appropriate sanction for release of his pension etc. be directed forth with on the premise that he had completed more than 20 years of service. The aforesaid communication dated 19.5.1995 and 6.7.1995 would be available as annexures G and H to the counter affidavit filed on behalf of the respondents.

(3.) The respondents in accordance with their representation in their communication dated 19.5.95 informed the petitioner by communication dated 5.9.95 at Annexure 16, that after deliberation the Government had decided to reject the request of the petitioner for joining as purported to be made by him on 15.4.95, withdrawing his resignation.