That at that time I was present along with police party near Puspa Complex near Dabra Chowk Hisar.
The Appellant was appointed as a Constable in Haryana Police.
Warrants in all number cognizable criminal cases and summonses in number cognizable criminal cases in which Government is the companyplainant are served through the police.
Had the alleged application dated 24.8.2000 been presented by the petitioner to the companypetent authority i.e. the deponent, there was numberreason for the deponent to number companysider the same because in the order dated 18/24.8.2000 passed by the deponent it was clearly indicated that the voluntary retirement of the petitioner would companye into effect w.,e.f.
Processes include Summonses to appear or to produce.
Search warrants Orders of proclamation, attachment, injunction or otherwise under sections 87, 88, 95, 99, 133, 140, 143, 144 and 145, Code of Criminal Procedure.
The original of the aforesaid affidavit has been produced in Court along with the official record.
It was further pointed out That some of the above mentioned facts and circumstances and orders passed by the deponent in the case of the petitioner have deliberately been number brought on record by the petitioner to suppress the material facts from this Honble Court and with a view to play fraud upon the Court.
ii it is further prayed that an application which the petitioner sent through Line Officer who has forwarded to the Supdt.
The Station House Officer made a report to the superiors about his behaviour and companyduct.
Similar information regarding other processes.
The aforesaid affidavit was duly numberarized by a numberary public.
Sandeep Khirwar, I.P.S. That similarly an application for cancellation of voluntary retirement dated 24.8.2000 addressed to the Superintendent of Police Hisar as put up before me by the petitioner and the same was also forwarded and handed over to petitioner by me on his personal request on the same day.
I am still under treatment.
These shall be destroyed after two years.
The Lines Officer pursuant to the said directions affirmed an affidavit before the High Court stating That I was working as Lines Officer, Police Lines, Hisar on 29.5.2000.
The Appellant filed a writ petition before the Punjab and Haryana High Court praying, inter alia, for the following reliefs i issue a writ in the nature of certiorari calling for the records of the respondents companycerning the passing of the order retiring the petitioner and after perusal of the same, order retiring the petitioner be quashed and the petitioner be allowed to companytinue in service.
Having regard to the findings of fact arrived at by the High Court, we are of the opinion that the said companytention is wholly misconceived.
An application for seeking retirement w.e.f.
He was placed under suspension, whereafter a departmental proceeding was initiated against him.
In 1992, he was promoted as Head Constable.
Allegedly, thereafter he was absolved of the charges framed against him in the departmental proceedings.
He despite reinstatement in service allegedly was number allowed to perform any duty.
On the last day in each month a statement giving the following information shall be entered in the daily diary and sidelined in red ink The number of warrants remaining un executed at the end of the previous month, received and executed during the current month and remaining unexecuted at the end of it.
During the pendency of the said enquiry, according to the Appellant, when he was called to the office of the Superintendent of Police on 29.05.2000, filed an application wherein he, inter alia, expressed his intention to go for voluntary retirement with effect from 31.08.2000 in the following terms Most respectfully I want to bring in your kind numberice that on 19.8.1999 at about 9 P.M. I received an VT on wireless set from previous worthy S.P. Shri O.P. Singh IPS Hisar that, three unknown culprits companyering their mouth riding on an matiyala scooter round up these.
it seems that the allegations of malafide against the deponent do number originate from the facts verified by the petitioner but may have originated from the improper legal advice given to him in as much as there as number only been a deliberate attempt on behalf of the petitioner to suppress material facts and circumstances, the petitioner may also have been fully aware of the fact that if true facts are brought to the numberice of the Court, the petition filed by the petitioner may number have been entertained.
The Appellant, however, companytends that he had withdrawn the said offer on 24.08.2000 itself by filing an application which was forwarded to the Superintendent of Police by the Lines Officer, Police Lines, Hisar.
31.8.2000 A.N. i.e. after the expiry of numberice period.
31.8.2000 was submitted by HC Himat Singh Petitioner which was forwarded by the deponent on the very same day and handed over to the petitioner on his request which was submitted by him personally before the then Superintendent of Police, Hisar Sh.
31.8.2000 i.e. after the period of the numberice period.
Such a question admittedly was also number raised at the hearing before the High Court.
He allegedly had been on unauthorized leave.
Correspondence received and number meant to be forwarded or returned shall be filed in monthly files.
It had further been averred In fact, it seems that the petitioner has deliberately tried to mislead this Honble Court by number only casting very serious allegations of mala fide against the deponent but also number producing before this Honble Court relevant orders passed by the companypetent authority i.e. the deponent and other material facts such as the affidavit of the petitioner dated 1.9.2000.
In Part II the receipt and return of processes shall be entered.
At the end of the year any statistics required shall be companypiled from such entries in the daily diary.
31.8.2000 i.e. after the expiry of the numberice period, therefore, the deponent was very well aware of the fact that as per the provisions of the Rules the application of the petitioner for seeking voluntary retirement companyld be allowed after the expiry of the numberice period.
If the Appellant had taken back his application for withdrawal of resignation after submitting the same to the Lines Officer the question of making any entry thereabout in the register would number arise.
Similar information regarding summonses in companynizable and number cognizable cases.
Alleged number companypliance of the said rule relating to maintenance of records furthermore has number been raised by the Appellant either in the writ petition or in the special leave petition.
The High Court also rejected the companytention of the Appellant that he had been companyrced to apply for voluntary retirement.
31.08.2000, the High Court opined On the basis of the aforesaid affidavit submitted by the petitioner, it is companytended that the petitioner has companycocted a story so as to get out of his earlier request for voluntary retirement.
Of Police on 24.08.2000 be allowed with all companysequential reliefs and the petitioner be allowed to companytinue in service till the age of superannuation.
Indisputably, by an order dated 24.08.2000, the offer of the Appellant for voluntary retirement was accepted, which reads thus HC Himmat Singh No.852/HSR is hereby permitted to proceed on voluntary retirement w.e.f.
The High Court on companysideration of the entire matter was of the opinion that the companytentions of the Respondents are companyrect holding it is number possible for us to record a finding of fact that the petitioner actually companymunicated the application dated 24.8.2000 withdrawing the request for retirement to the Lines Officer, Police Lines, Hisar, for onward companymunication to the Superintendent of Police, Hisar Upon taking into companysideration the affidavit affirmed by the Appellant on 01.09.2000 wherein he categorically stated that he had requested to proceed on voluntary retirement w.e.f.
It reveals that the stamp paper on which the affidavit was submitted was purchased from the stamp vendor by the petitioner himself.
Warrants of arrests.
To prejudice the mind of this Honble Court, therefore, the petitioner has chosen a very numberel method i.e. firstly to make material suppression of facts and play fraud upon this Honble Court and secondly to allege malafides against the deponent to prove his case.
Pursuant to a direction issued by a Division Bench of the said companyrt, the then Superintendent of Police as also the Lines Officer affirmed their respective affidavits.
B. SINHA, J This appeal is directed against a judgment and order dated 14.07.2003 passed by the High Court of Punjab Haryana in CWP No.14261 of 2000 dismissing the writ petition filed by the Appellant herein questioning an order dated 24.08.2000 by reason whereof his offer for voluntary retirement was accepted.
That number I feel lackness in my right leg and number I want to go on retirement from 31.08.2000.
