S.B.Sinha, J. - (1.) THE appellant is a member of Indian Police Service. THE Joint Cadre of Assam and Meghalaya was assigned to him. However, on or about 4.6.1997, he was placed under suspension. Disciplinary proceedings were also initiated against him. Statement of imputation of misconduct was served upon him on 9.7.1997. On his completion 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 notice dated 30.4.1997 addressed to the Chief Secretary, Government of Assam, which reads as under: JUDGEMENT_274_JT7_2006Html1.htm
(2.) HE, however, did not receive any communication in regard to the acceptance of the said offer before the said date either from the Union of India or from the State of Assam. 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 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. 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, 1958, 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." 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.V/36 DATED 1.8.97 (.) KINDLY REF. MINISTRY'S LETTER NO. 31012/4/97-II DATED 27.5.97 REGARDING VOLUNTARY RETIREMENT OF SHRI A.K. SAHU, IPS(U/S)(.) JOINT CADRE AUTHORITY HAS APPROVED OF THE VOLUNTARY RETIREMENT OF SHRI SAHU, AND THE RESOLUTION OF THE JOINT CADRE AUTHORITY IS SENT BY POST (.) FOR KIND INFORMATION (.)" On receipt of the said W.T. message, the Central Government communicated 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. OF INDIA IS HEREBY COnVEYED TO THE ACCEPTANCE OF THE REQUEST OF SHRI A.K. SAHU, IPS (AandM: 75) TO RETIRE VOLUNTARILY FROM SERVICE WITH EFFECT FROM 1.8.1997 WITHOUT PREJUDICE TO THE On-GOING DISCIPLINARY PROCEEDINGS (.) REQUEST TO ISSUE NECESSARY ORDERS/ NOTIFICATIOnS ACCORDINGLY."
(3.) BY reason of a notification dated 8.9.1997, the appellant was communicated 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.IM.) without prejudice to the ongoing Disciplinary proceedings against him." Questioning the legality of the said communication, a writ petition was filed by the appellant before the Gauhati High Court. 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 notification having been given effect thereto, no irregularity or illegality can be said to have been committed by the respondents. The appellant is, thus, before us.;