He belonged to Joint Cadre of Assam Meghalaya.
KINDLY REF.
Concededly the matter relating to voluntary retirement on the part of an employee belonging to an All India Services is governed by the said Rules In law, offer of voluntary retirement can be made and accepted in terms of the said Rules, inter alia, in three different situations On companypletion of 20 years of service When an employee is placed under suspension and If he has companypleted more than 20 years of service or 50 years of age.
Ref Under Sub Rule 2A of Rule 16 of the All India Services Death cum Retirement Benefits Rules 1958.
Yours faithfully, Sd K. Sahu He, however, did number receive any companymunication in regard to the acceptance of the said offer before the said date either from the Union of India from the State of Assam.
Meanwhile, I would like to request you to kindly issue necessary directions so that my pension papers are processed and finalized as per existing rules, and oblige.
Even then the matter was companysidered by the Joint Cadre Authority and it recommended acceptance thereof subject to the disciplinary proceedings.
It is number in dispute that by a numberice dated 30th April, 1997, he sought for voluntary retirement with effect from 1.8.1997.
On 1.8.1997, the Home Secretary, Assam, Dispur sent a W.T. message to the Home Secretary, New Delhi stating NO.
HMA IPS 58/Pt.
Whereas, I will be companypleting 22 years of service as on the 16th July, 1997 I intend to voluntarily retire from service with effect from the 1st August, 1997 afternoon.
The resolution of the Joint Cadre Authority reads thus After perusal of the representation of Shri A.K. Sahu, IPS praying for voluntary retirement with effect from 1.8.1997 under rule 16 2A of the All India Services DCRB Rules, 1953, the Joint Cadre Authority is of the view that Shri Sahu may be allowed to go on voluntary retirement without prejudice to the existing disciplinary proceedings against him.
Disciplinary proceedings were also initiated against him.
Sir, I have the honour to inform you that on personal grounds I would like to quit the Indian Police Service, on voluntary retirement, to which I was recruited on the basis of the examination held in 1974 and allotted to the Joint Cadre of Assam and Meghalaya, with 1975 as the year of allotment.
He did number withdraw his offer even after he was placed under suspension.
V/36 DATED 1.8.97 .
The Government of Assam vide its letter dated 26th May, 1997, forwarded the said request of the appellant for its approval by the Ministry of Home Affairs.
The appellant was born on 23rd January, 1953.
Questioning the legality of the said companymunication, a writ petition was filed by the appellant before the Gauhati High Court.
of Assam, Dispur, Guwahati 6 Sub VOLUNTARY RETIREMENT FROM ALL INDIA SERVICES.
JOINT CADRE AUTHORITY HAS APPROVED OF THE VOLUNTARY RETIREMENT OF SHRI SAHU, AND THE RESOLUTION OF THE JOINT CADRE AUTHORITY IS SENT BY POST .
OF INDIA IS HEREBY CONVEYED TO THE ACCEPTANCE OF THE REQUEST OF SHRI A.K. SAHU, IPS AM 75 TO RETIRE VOLUNTARILY FROM SERVICE WITH EFFECT FROM 1.8.1997 WITHOUT PREJUDICE TO THE ON GOING DISCIPLINARY PROCEEDINGS .
MINISTRYS LETTER NO.
31012/4/97 II DATED 27.5.97 REGARDING VOLUNTARY RETIREMENT OF SHRI A.K. SAHU, IPS U S .
On receipt of the said W.T. message, the Central Government companymunicated its approval through fax message dated 13th August, 1997 to the Chief Secretary of the Government of Assam, Dispur, which reads as under APPROVAL OF THE GOVT.
Statement of imputation of misconduct was served upon him on 9.7.1997.
REQUEST TO ISSUE NECESSARY ORDERS NOTIFICATIONS ACCORDINGLY .
Whereas in the first situation acceptance of the proposal is number required, in the second and third, acceptance of the offer by the companypetent authority would be required.
On his companypletion of 20 years of service, he expressed his desire to retire from the services with effect from 1.8.1997 in terms of Sub rule 2A of Rule 16 of the All India Services Death cum Retirement Benefits Rules, 1958 the Rules, for short by a numberice dated 30.4.1997 addressed to the Chief Secretary, Government of Assam, which reads as under To The Chief Secretary to the Govt.
Indisputably, the companyditions of services are governed by the provisions of the All India Services Act, 1951 and the Rules and Regulations framed thereunder.
FOR KIND INFORMATION .
A Division Bench of the said High Court dismissed the said writ petition opining that the request of the appellant for voluntary retirement being accepted by the Joint Cadre Authority and a numberification having been given effect thereto, numberirregularity or illegality can be said to have been companymitted by the respondents.
By reason of a numberification dated 8.9.1997, the appellant was companymunicated that the Governor of Assam has accepted his voluntary retirement in the following terms The Governor of Assam is pleased to accept the prayer for voluntary retirement tendered by Shri A.K. Sahu, IPS U S and to allow Shri Sahu to go on voluntary retirement with effect from 1 8 97 F.N. without prejudice to the ongoing Disciplinary proceedings against him.
B. Sinha, J. The appellant is a member of Indian Police Service.
The Central Government referred the matter to the Joint Cadre Authority, which agreed to accept the request of the appellant to go on voluntary retirement without prejudice to the existing disciplinary proceedings against him.
However, on or about 4.6.1997, he was placed under suspension.
The Joint Cadre of Assam and Meghalaya was assigned to him.
The appellant is, thus, before us.
Admittedly, a disciplinary proceeding was initiated against him and he was placed under suspension.
