AI Structured Summary
Not yet generated for this judgment
Judgment
PER:- MR. KUMAR RAJESH CHANDRA, MEMBER[A]
Heard Learned Counsel for both the parties.
Learned Counsel for the applicant prays for issuance of notice and, in the alternative, seeks a direction for consideration and disposal of the applicant’s representation seeking voluntary retirement.
In paragraph 8.1 of the OA, Learned Counsel for the applicant has relied upon sub-rule (2) of Rule 49 of the CCS (Pension) Rules, 1972, contending that the applicant’s representation seeking voluntary retirement ought to be considered under the said provision.
It is, however, noticed that the CCS (Pension) Rules, 2021 have since come into force. Rule 87 of the said Rules provides for repeal of the CCS (Pension) Rules, 1972. Consequently, reliance upon the repealed Rules for seeking the relief prayed for in the present OA is misplaced.
Under the CCS (Pension) Rules, 2021, Rule 43(3) specifically provides that voluntary retirement shall not be granted in a case where the Government servant has been placed under suspension or where departmental or judicial proceedings are pending against him.
In the present case, it is evident from the averments made in the OA itself that the applicant was arrested and incarcerated in connection with a murder case and was released on bail on 27.10.2021. The applicant has not stated anywhere in the OA that the said criminal case has since been concluded. Learned Counsel for the applicant, upon being asked, has also fairly submitted that the criminal case is still pending. In such circumstances, the applicant cannot claim, as a matter of right, a direction from this Tribunal for grant of voluntary retirement. The pendency of judicial proceedings of such nature attracts Rule 43(3)(c) of the CCS (Pension) Rules, 2021, under which the competent authority is vested with the power to withhold permission for voluntary retirement.
In view of the aforesaid statutory position, and particularly when the applicant has sought consideration of his request under a provision of the repealed CCS (Pension) Rules, 1972, no enforceable right to voluntary retirement under the provision relied upon by him is made out. Consequently, no direction as prayed for can be issued by this Tribunal. The OA is accordingly dismissed.
There shall be no order as to costs.