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1997 DIGILAW 1208 (RAJ)

Kan Mai Bohra v. State of Rajasthan

1997-10-01

J.C.VERMA

body1997
JUDGMENT 1. - The petitioner had submitted an application for seeking voluntary retirement on 11th June, 1986 with the prayer to be retired under Rule 244(1) of the Rajasthan Service Rules, 1951 (hereinafter referred to as 'the Rules of 1951') with effect from 30tn September, 1986 when he would have served for more than 28 years. After submitting of the application because of certain reasons the petitioner is said to have been suspended on 12th June, 1986 by order Annx. 5 in contemplation of a disciplinary inquiry. A charge-sheet was issued on the same day by Annx. 6. Even the Inquiry Officer was also appointed by Annx. 7 on 12th June, 1986. 2. In response to his pending request for voluntary retirement by Annx. 4, the petitioner was informed by letter dated 8th July, 1986 that it is not possible to accept the request for voluntary retirement of the petitioner for the reason that certain matters in regard to the petitioner are pending for consideration in the departmental disciplinary proceedings. The petitioner did not pursue the matter any further. However, when the inquiry was still in progress, the petitioner was informed by letter Annx. 12 dated 30th September, 1986 that his request for voluntary retirement has been accepted and he stands retired voluntarily under the provisions of Rule 244 (1) of the Rules of 1951. 3. The petitioner being aggrieved against the order Annx. 12 whereby he was voluntarily retired as per his request, preferred this writ petition. It is the contention of learned counsel for the petitioner that once his request for voluntary retirement had not been accepted by Annx. 9, the order could not have been reviewed at all and it is to be deemed that after the rejection of his request for voluntary retirement there was no application of the petitioner pending before the competent authority for voluntary retirement. 4. Learned counsel for the respondents states that under Rule 244(1) of the Rules of 1951, the competent authority has been authorised to withhold the permission of voluntary retirement, if in the opinion of the competent authority there is any disciplinary proceeding pending or contemplated. The relevant provisions of Rule 244(1) in this regard read as under : "244(1). 4. Learned counsel for the respondents states that under Rule 244(1) of the Rules of 1951, the competent authority has been authorised to withhold the permission of voluntary retirement, if in the opinion of the competent authority there is any disciplinary proceeding pending or contemplated. The relevant provisions of Rule 244(1) in this regard read as under : "244(1). Optional Retirement on completion of 20 years qualifying Service.- (a) A Government servant may, after giving at least 3 months' previous notice in writing to the Appointing Authority, retire from service on the date on which he completes 20 years of qualifying service or attains the age of 45 years whichever is earlier or any date thereafter to be specified in the notice : Provided that it shall be open to the Appointing Authority to withhold permission to retire a Government servant: (i) who is under suspension; (ii) in whose case disciplinary proceedings are pending or contemplated for the imposition of a major penalty and the disciplinary authority having regard to the circumstances of the case is of the view that such disciplinary proceedings might result in imposition of the penalty of removal or dismissal from service; (iii) in whose case prosecution is contemplated or may have been launched in a Court of law;" 5. From the bare reading of abovesaid provisions, it is clear that the competent authority is authorised to withhold the permission of voluntary retirement in case any disciplinary proceedings are either pending or contemplated. 6. In the present case, the disciplinary proceedings had been started against the petitioner on 12th June, 1986 and were still pending when order Annx. 9 was issued to the petitioner whereby it was mentioned that it was not possible to accept the request of the petitioner for the reason that disciplinary proceedings were pending against him. 7. Learned counsel for the petitioner vehemently argued that the bare reading of order Annx. 9 would show that it was a total rejection of the request for voluntary retirement and the letter Annx. 9 could not amount to withholding of the permission. In my opinion, there is no merit in this submission of learned counsel for the petitioner. 7. Learned counsel for the petitioner vehemently argued that the bare reading of order Annx. 9 would show that it was a total rejection of the request for voluntary retirement and the letter Annx. 9 could not amount to withholding of the permission. In my opinion, there is no merit in this submission of learned counsel for the petitioner. Under the law, the request for voluntary retirement is bound to be accepted if any such request is made in accordance with the Rules but such request can be withheld in the contingencies of pendency of disciplinary proceedings or the contemplation of the same. 8. The contention of learned counsel appearing on behalf of the petitioner is that for the reasons mentioned in order Annex. 9 to the effect that request of the petitioner cannot be accepted, should not be taken as "withholding" of the permission but a straightway rejection of the request of voluntary retirement. The request was not accepted on the ground that there was disciplinary proceedings pending against the petitioner and, in such situation the authority could only act under the relevant provisions of the Rules which enable it to act as such, for withholding or for not accepting the request of voluntary retirement at that time if the proceedings are pending or contemplated. As a matter of fact, whatever has been written in Annx. 9 shall amount to 'withholding' of the permission. 9. "Withhold" means - to hold back; to keep from action; check; restrain; to desist or refrain from granting, giving or allowing - as per Webster's III New International Dictionary, at page 2627. 10. While reading in relation to provisions of Rule 244(1), the words used in Annx. 9 that the request for voluntary retirement cannot be accepted because of the pendency of the proceedings against the petitioner shall amount to 'withholding' of the permission of voluntary retirement, as sought by the petitioner and because of the reason that the petitioner had not at all withdrawn his request for voluntary retirement, no illegality has been committed by the respondents in accepting the request of voluntary retirement during pendency of the disciplinary proceedings against the petitioner. 11. No other point has been argued. There is no merit in the writ petition and the same is dismissed. No order as to costs.Petition dismissed. *******