JEEWAN PRADHAN Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THE petitioner who was working as a Deputy Superintendent of Police in the Department of Sikkim Police, has challenged the impugned proceedings dated 03.08.2009 of the Government of Sikkim, Department of Personnel, Administrative Reforms and Training, whereunder the Governor has imposed the penalty of compulsory retirement under Rule 3 (xiii) of the Sikkim Police Force (Discipline and Appeal) Rules, 1989 with effect from 03.08.2009, pursuant to a disciplinary action initiated against him.

(2.) THE petitioner by his representation dated 18.05.2007 addressed to the Commissioner-cum-Secretary, Department of Personnel, Administrative Reforms and Training, Government of Sikkim sent through proper channel had requested for voluntary retirement from service with effect from 17.08.2007. THE respondent No. 2 instead of considering the said request, initiated a disciplinary proceeding against the petitioner for certain misconducts and also passed an order of suspension pending such disciplinary proceedings which ultimately culminated into this impugned proceedings dated 03.08.2009.

(3.) EVEN though the Final Report dated 04.02.2009 states that the first charge is proved, but from the records we find that the leave applied for by the petitioner for the period from 03.02.2007 to 09.03.2007 was not routed through proper channel which resulted in violation of Rule 4(4) of the Sikkim Government Service (Leave) Rules, 1982.