RAJENDRA SINGH MEHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for a writ of mandamus that in view of the provisions contained in Rule 50 of the Rajasthan Civil Services (Pension) Rules, 1996 (for short Rules of 1996) he should be deemed to have retired voluntarily w. e. f. 1st January, 2002.

(2.) THE petitioner was initially appointed as Medical Officer in the month of June, 1983 on ad hoc basis. He was later selected by Rajasthan Public Service Commission (in short `rpsc') on the said post in March, 1984. THE petitioner was transferred from the Primary Health Center, Mandolinagar, District Jalore to Primary Health Center, Tanwari, District Sirohi vide order dated 30th April, 1994, Requirement of the order was that petitioner should first report of Chief Medical & Health Officer, Sirohi (for short `cmho') for joining at Tanwari. But since the petitioner was relieved after five months, he in the meantime, misplaced the copy of transfer order and not knowing about this fact directly joined at Primary Health Center, Tanwari. He was therefore served with the charge-sheet dated 13th November, 1996 as to why he straightway joined Tanwari instead of first reporting to the office of CMHO, Sirohi, Charge levelled against the petitioner was that he continuously remained absent from 11st October, 1994. Simultaneously, the petitioner was also placed under suspension. Second charge-sheet was served upon him on 26th February, 1997 on the allegation that he did not join the office during the period of suspension. THE petitioner submitted reply to both the charge- sheets and denied the allegations levelled against him. On completion of inquiry, the Inquiry Officer submitted his report with respect to his first charge-sheet on 17th August, 2001 and regarding second charge-sheet on 8th June, 2001. THE petitioner was supplied copies both the inquiry reports and was required to submit his representations there against. Due to personal reasons, the petitioner submitted an application dated 16th July, 2001 seeking voluntary retirement after completion of 15 years of service. THE petitioner submitted his representations with regard to first inquiry report on 5th September, 2001 and for second inquiry report on 19th September, 2001.

(3.) THE petitioner in para 7 of the writ petition has asserted that he gave a notice of voluntary retirement on 16th July, 2001 stating therein that he had completed more than 15 years of service and therefore requested that he should be deemed to have retired voluntarily w. e. f. 1st January, 2002 and his pension papers should be accordingly prepared. This application was addressed to Director, Medical & Health Service for Rajasthan with a copy endorsed to CMHO, Jalore. THE respondents in reply to para 7 of the writ petition have not denied the fact with regard to receipt of application for voluntary retirement dated 16th July, 2001. What however they have stated is that since the petitioner was knowing it well that he was facing disciplinary proceedings in two matters he could not give the notice for voluntary retirement. Reference has been made to letter dated 2nd February, 2002 in which CMHO informed the petitioner that his application for voluntary retirement has been forwarded to Director, Medical & Health Service, but because of pendency of disciplinary proceedings against him, as per Rules, voluntary retirement could not be given to a delinquent government servant. No order permitting voluntary retirement of the petitioner has been received from the Director and so long as permission for voluntary retirement of the petitioner is not granted by Director, the petitioner could not treat himself to have retired voluntarily. He would therefore be treated to have been absenting from the duties.