NAND KISHORE RAWAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this writ-petition has sought for issuance of a writ in the nature of writ of mandamus and/or any other appropriate writ or order/direction commanding the Secretary, Home (Police) Department (respondent No. 2) to order for his voluntary retirement from the service with affect from 1-8-1991 from the post of a confirmed Asstt. Sub-Inspector of Police and to order for payment of post retiral benefits from the date he is allowed to retire under Voluntary Retirement scheme approved by the Government of Bihar, as also all other pecuniary claims and benefits legally admissible to him along with interest thereon.

(2.) In short, the case of the petitioner is that initially, he was appointed as police constable temporarily and later was absorbed and confirmed as Writer Constable in September, 1968. He was promoted to the rank of Asstt. Sub-Inspector in April, 1975 and was confirmed on the said post with effect from 1-1-1979. In between 1968 and 1988 the petitioner claims to have earned several commendations for his hard work and good turn-out and that in recognition of the same was allowed to officiate against the promotional post of Sub-Inspector of Police from 18-4-1984 till 1989, but later, was reverted to the substantive post of Asstt. Sub-Inspector with effect from 20th March, 1990 as he was found unfit by the Central Selection Board for officiating on higher post.

(3.) After his reversion he claims to have failed ill on 29th March, 1990 and reported such and proceeded on such leave under medical advice, initially for a week and thereafter for a fortnight in two spells. On the advice for expert medical care and treatment he came to Patna and claims to have underwent treatment from 22-4-1990 to 30-6-1990, about which, according to him, a formal intimation was sent to the office of the Controlling Officer, viz. the office of the Superintendent of Police, Muzaffarpur. It is stated that after the petitioner recovered from his prolonged illness he reported on duty on 1st July, 1990, but his joining was not accepted and was verbally informed of his suspension with effect from 11th June, 1990, on the ground of his prolonged absence from duty. According to the petitioner, he was neither informed about the suspension in writing, nor any charge was served upon him, nor subsistence allowance paid. The petitioner claims to have sent notice on 1-5-91 for allowing him the benefit of voluntary retirement scheme from the date of his suspension viz. 11-6-90 or any date thereafter, which was left unattended in the office of the Superintendent, Railway Police, Muzaffarpur.