LAWS(PAT)-2019-10-8

DEVENDRA PRASAD SINGH Vs. UNION OF INDIA

Decided On October 15, 2019
DEVENDRA PRASAD SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner has prayed for setting aside the impugned order of the Tribunal dated 30th May, 2019 that has upheld the action of the respondent authorities whereby they had cancelled the request of the petitioner for voluntary retirement and the appeal filed against the same has been dismissed.

(2.) A further prayer has been made to quash a charge-sheet issued to the petitioner and the consequential proceedings on the ground, that if the petitioner is deemed to have been retired in law w.e.f. 01.09.2017 then in that event no disciplinary action could have been taken against him which was also prayed to be declared as null and void on the aforesaid ground. We find that this relief had been prayed for before the Tribunal in the Original Application even though there is no specific prayer to that effect in the present writ petition.

(3.) The petitioner while working as Assistant Post Master (SBSO), Head Office, Hajipur applied for voluntary retirement under Rule 48 of the CCS (Pension) Rules, 1972 and for that a notice dated 21st of May, 2017 with an endorsement of having been served before the competent authority on 22.05.2017. The caption of the application-cum-notice mentions that it is being moved under Fundamental Rule 56 read with Rule 48-A CCS (Pension) Rules, 1972. This application for voluntary retirement was admittedly accepted on 23rd August, 2017. The same is extracted hereinunder:-