G.S. Singhvi, J. - (1.) THE petitions are directed against order dated 3.2.1998 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short, the Tribunal) vide which O.A. No. 1161 of 1997 - P. Lal v. Union of India and others was allowed and order dated 14.8.1997 passed by the Central Government accepting the request made by Shri R.K. Sharma (respondent No. 3 in C.W.P. No. 6196 of 1998 and petitioner in C. W.P. No. 6461 of 1998) for withdrawal of the application for voluntary retirement was quashed.
(2.) THE facts necessary for deciding the issues raised in the writ petitions are that after serving Indian Army from 1965 to 1972, Shri R.K. Sharma joined the Indian Police Service (for short, 'IPS') (Punjab Cadre) on 16.7.1972. From January, 1982 to September 30, 1990, he remained on deputation in Research and Analysis Wing of the Ministry of Home Affairs, Government of India. He was repatriated to the parent State on 1.10.1990. However, instead of reporting for duty before the competent authority of the Government of Punjab, he proceeded on leave and reported for duty only on 30.9.1991. He was posted as Deputy Inspector General of Police, Computerisation and Wireless, Punjab. After 21 days, he applied for ex -India leave from 24.10.1991 to 10.11.1991 on the ground of illness of his mother, who was staying in London with his sister. He left India without getting the leave sanctioned. While in London, he applied for extension of leave. By an order dated 20.1.1992, the Government of Punjab sanctioned earned leave in his favour for the period from 24.10.1991 to 10.1.1992 with a clear indication that no further extension would be given. His request for further extension of leave was expressly declined by the Government of Punjab vide memo No. 7/11/91 -5H(i) -2261/5309 dated 9.6.1992. However, he did not report for duty till 12.4.1993 when he submitted joining report before the Director General of Police, Punjab. In the meanwhile, he submitted application dated 22.6.1992 for voluntary retirement from IPS w.e.f. 31.10.1992, but withdrew the same vide communication dated 13.7.1992 addressed to the then Director General of Police, Punjab. His request for further extension of leave was again declined by the competent authority and disciplinary proceedings were initiated against him under Rule 8 of the All India Service (Discipline and Appeal) Rules, 1969 (for short, 'the 1969 Rules') on the following charge : - "You, Sh. R.K. Sharma, IPS is hereby charged as under : - i) That while you posted as DIG, Computerisation and Wireless, Punjab, left India for England without getting the Ex -India leave sanctioned by the competent authority. ii) That your extension in leave from 11.1.92 to 30.6.92 was rejected vide Govt. letter No. 7/11/92 -5H(i) -3261/5309 dated 9.6.92 and accordingly you were directed to join duty but you failed to comply with the orders of the Govt. iii) That you are still on leave without the sanction of the government. 2. Your above acts amount to grave misconduct on your part which is unbecoming of a public servant and thus you have violated All India Service (Conduct) Rules, 1968." The memo containing the above reproduced charge was sent to Shri R.K. Sharma by the Director General of Police, Punjab along with his letter dated 14.1.1993. However, before any tangible progress could be made in the departmental enquiry, he submitted application dated 5.5.1993 to the Director General of Police, Punjab seeking voluntary retirement from service with the request that the charge -sheet may be withdrawn. He also deposited Rs. 30,870/ - in lieu of three months' advance notice. Paragraphs 2 and 3 of his application read as under : - "Vide memo No. 'l -16/93/Con -SA -5/1289 dated 14.1.93, I was issued a charge -sheet as to show cause why disciplinary proceedings against me should not be initiated for having violated the All India Service (Conduct) Rules, 1968. In this respect I may be permitted to submit that I never intended to violate any of the provisions of the All India Service (Conduct) Rules, 1968 which is evident from my past record. Since the circumstances were so compelling and serious that I was left with no alternative but to apply for extension of leave. My continuous illness was the cause for my inability and even when I was still not permitted by the doctor to travel, I rejoined my duty on 12.4.93 in compliance of the orders of the State Government. It is requested that keeping the above facts in view the charge -sheet may kindly be withdrawn. I have not been keeping good health since September, 1990 and has been undergoing perpetual spells of medical problems. I have been under treatment in India as well as abroad but there has not been full recovery so far and under the circumstances, it is not possible to continue my official service. It is requested that I may kindly be permitted to proceed on voluntary retirement with immediate effect as per rules applicable to all India Service Officers. An amount of Rs. 30,870.00 in lieu of 3 months advance notice has been deposited in the treasury as per receipt attached." The Director General of Police, Punjab forwarded his application to the Principal Secretary to Govt. Punjab, Department of Home Affairs and Justice vide memo No. 1 -16/93/Con.SAA.5/17242 dated 17.6.1993 with the recommendation that the charge -sheet regarding wilful absence from duty may be withdrawn. The State Government accepted his recommendation and vide Memo No. 1/194/93 - 3H(I)/23201 dated 9.11.1994, disciplinary action was dropped against Shri R.K. Sharma.
(3.) THE application submitted by Shri R.K. Sharma for voluntary retirement from service was rejected by the Central Government on the ground that there is no provision in the rules for allowing an IPS officer to make payment in lieu of three months' notice. This was conveyed to the Chief Secretary, Government of Punjab vide wireless message No. 31012/4/93 -IPS.II dated 27.9.1993. On receipt of that communication, the Government of Punjab in Home Department sent letter No. 1/194/93 -3H(I) dated 29.9.1993 to the Central Government with the request for waiver of three months' notice. This too was rejected by the Government of India vide fax message No. 31012/3/94 -IPS.II dated 13.9.1994. After about two months, the Department of Home Affairs and Justice, Government of Punjab sent letter No. 1/194/93 -3HI(1)/24614 dated 29.11.1994 to the Secretary, Government of India, Ministry of Home Affairs reiterating that the application of Shri R.K. Sharma for voluntary retirement may be accepted by mentioning that he had not been attending duty since 5.5.1993. The relevant extracts of this letter are reproduced below : - "I am directed to refer to Govt. of India, MHA's Fax Message No. 31 -12/3/94 -IPS.II dated 13,9.1994, on the subject noted above and to state that Sh: R.K. Sharma, IPS (Pb: 1967) had applied for premature retirement on 5.5.1983 with immediate effect. He deposited a sum of Rs. 30,870/ - only in the Punjab Treasury in lieu of 3 months notice period as he is not keeping good health. The Government of India have not acceded to his request regarding waiving off three months notice period and have required a fresh request from the officer for the purpose along with recommendations of the State Government. 2. In this connection, It is informed that the officer is probably abroad and is not attending the office since 5.5.93 and his correspondence address is not known to the State Government. Therefore, it is again requested that if possible, three months notice period may be considered from the date of submission of his original application i.e. 5.5.93 and he may be allowed pre - mature retirement w.e.f. 3.8.1993, so that outstanding matter could be finalised." This time, the Government of India accepted the request of the State Government and ordered retirement of Shri R.K. Sharma w.e.f. 3.5.1993 by dispensing with the requirement of three months notice envisaged under Rule 16(2A) of the All India Service (Death -cum -Retirement Gratuity) Rules, 1958 (for short, 'the 1958 Rules'). A copy of order dated 2.3.1995 passed by the Government of India was sent to Shri R.K. Sharma by the Director General of Police, Punjab along with letter dated 25.4.1995 at his address given in the application dated 5.5.1993 i.e. R -862, New Ra -jinder Nagar, New Delhi -110060. It was also sent by hand through Shri Suraj Pal Constable No. 82/754. The registered letter was not returned by the postal authorities and Shri Suraj Pal reported that as per Shri Kasturi Lal, house owner, no person with the name of R.K. Sharma lived in that house.;