SWAROOP SINGH CHOUHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WITH the consent of the parties the case was finally heard. The petitioner was a member of Police Force of the State. The petitioner sought voluntary retirement on 25.12.1989. He also sent an application by registered post on 26.12.1989. The communications dated 25th Dec. 1989 and 26th Dec. 1989 do not state specific date w.e.f. which the retirement was sought which shows that the communication was to seek voluntary retirement after 90 days. On 5.1.1990 this request was accepted and it was directed that the petitioner would retire w.e.f. 6.4.1990. On 27.2.1990 the petitioner submitted an application for withdrawing his proposal to voluntarily retire This was rejected by the District Superintendent of Police, Pali on 7th March 1990. An application was then made to A.I.G. on 10.3.1990 and another communication was sent to the District Superintendent of Police on 25th March 1990 seeking withdrawal of the proposal of voluntary retirement. A communication was then addressed to his execllency to the Governer on 6.4.1990. On 21.9.1992 the District Superintendent of Police, Pali reiterated that the request of the petitioner was not acceptable as under the Rajasthan Civil Service Rules 242(1) there was no provision for taking back any employee after his notice of resignation is accepted. An appeal was filed which was rejected as there was no provision for appeals. Hence the petitioner filed this petition.

(2.) IN reply it is contended that once the proposal of voluntary retirement is accepted it could not be withdrawn.

(3.) AS the case is squarely covered by the decision of Bal Ram Gupta's case (supra).