UNION OF INDIA THROUGH SENIOR DIVISIONAL PERSONAL OFFICER, EAST CENTRAL RAILWAY Vs. UNION OF INDIA THROUGH THE CAT

JUDGEMENT

(1.) DINESH Prasad Chaturvedi, respondent No. 2, working as Chief Office Superintendent in East Central Railways, Dhanbad, applied for voluntary retirement to the Senior Divisional Personnel Officer, East Central Railways, Dhanbad, on 26.2.2003. It was accepted by the order of the Senior Divisional Personnel Officer on 31.3.2003 with effect from 25.5.2003. Before expiry of the said period, the Railway authority issued a letter dated 22.4.2003,keeping the order of acceptance in abeyance as the respondent No. 2 had been proceeded with minor penalty charge sheet dated 8.4.2003. Thereafter the order of acceptance was cancelled by the order dated 4.8.2003. Challenging the same, the respondent No. 2 filed O.A. on 5.2.2004 before the Tribunal.

(2.) THE short facts are as follows:

(3.) THE learned Counsel appearing for the petitioner further contended that when the order accepting the application for voluntary retirement was kept in abeyance within the period of three month notice, i.e. prior to the date on which the order of voluntary retirement comes into effect, the same is in consonance with Rule 66 of the Railway Service (Pension) Rules and as such the power given under the said Rule 66 has been properly exercised by the authority and that the respondent -applicant cannot, therefore, be allowed to voluntarily retire on 25.5.2003 as held by the Tribunal.