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High CourtsDivision Bench(2012) 01 AHC CK 0068

Dr. Bajrangi Lal Verma vs State Of U.P. and Others

Allahabad High Court · Decided on 13 January 2012

HON’BLE JUDGES
Sunil Ambwani, J · Manoj Misra, J
RESULT
Dismissed
CASE NUMBER
WRIT - A No. - 2154 of 2012

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Judgment

5 paragraphs · 319 words
1.

We have heard Sri V.K. Patel for the petitioner and learned Standing Counsel appears for the respondents. The petitioner is serving as Medical Officer in the Provincial and Medical Health Services. He submitted applications on 05.07.2010 and 23.12.2010 for voluntary retirement from service. His applications were rejected on 07.03.2011 by the Principal Secretary, Medical on the ground that that two departmental proceedings were pending against him, which he did not disclose in his application and there is an issue pending with regard to date of birth and age of superannuation; he has also not given the charge of departmental laproscope and had not given three months notice, required under the Rules for voluntary retirement.

2.

The departmental enquiries were concluded after intervention of the Court, by order dated 26.11.2011 and 27.12.2011. In the first enquiry, concluded by order dated 26.11.2011, a censure entry was directed recorded to be in the petitioner''s service book of the year 1994-95, his three increments were withheld and further the petitioner was directed to deposit Rs.37,556/-. The petitioner deposited the amount on 27.12.2011. In the second enquiry, the charges were not found to be proved.

3.

The petitioner has again applied for voluntary retirement on 26.11.2011, and has filed this writ petition for a direction to the State Government, to take appropriate decisions on his applications.

4.

The petitioner once again has not given the application for voluntary retirement in accordance with the Rules-56 of the Financial Hand Book Volume-2 Part-II to IV. A government servant is required to give three months prior notice for voluntary retirement to the State Government, to be considered in accordance with law.

5.

In the circumstances, learned counsel for the petitioner submits that he wants to withdraw the writ petition. The writ petition is dismissed as withdrawn, with a liberty to the petitioner to apply, if he is so advised, for voluntary retirement in accordance with law.