- (1.) S. S. Sodhi, C. J. When a Government employee seeks premature retire ment under the relevant Rules and gives the requisite three months' notice, is acceptance of such request a necessary precondition for his retirement or is he be taken to have retired from service on the expiry of the period of the notice? Herein lies the controversy raised.
(2.) IN February 1989, the appellant Surendra Narain Singh, a Sub-INspector in the U. P. Nirikshak Police, sought premature retirement under the relevant Police Rules and gave the requisite three months' notice for this purpose. Ill health being the reason put forth by him for seeking such premature retirement. It appears that after seeking premature retirement the appellant aosented himself from duty without leave. The police authorities, however, passed no order within three months' notice period either with regard to the premature retirement sought by the appellant or for his being absent from duty without leave. It was almost about a year and half later that on August 10, 1990, an order was passed suspending him from service. The appellant filed a writ petition seeking to challenge the order of suspension passed against him. By its order of October 25, 1990, this Court stayed the impugned order suspension of August 10, 1990.
(3.) DURING the pendency of the writ proceedings an order was passed on November 14, 199l, dismissing the appellant from service. A challenge was then made to this order too, by an amendment in the writ petition. It is in this background that the issue that arises for consideration is with regard to the effect of the inaction on the part of the police authorities on the appellant's prayer of premature retirement or for that matter with regard to his absence from duty without leave.;