J.C. Verma, J. - (1.) The petitioner had submitted an application for seeking voluntary retirement on 11th June, 1986 with the prayer to be retired under Rule 244(1) of the Rajasthan Service Rules, 1951 (hereinafter referred to as 'the Rules of 1951') with effect from 30tn September, 1986 when he would have served for more than 28 years. After submitting of the application because of certain reasons the petitioner is said to have been suspended on 12th June, 1986 by order Annx. 5 in contemplation of a disciplinary inquiry. A charge-sheet was issued on the same day by Annx. 6. Even the Inquiry Officer was also appointed by Annx. 7 on 12th June, 1986.
(2.) In response to his pending request for voluntary retirement by Annx. 4, the petitioner was informed by letter dated 8th July, 1986 that it is not possible to accept the request for voluntary retirement of the petitioner for the reason that certain matters in regard to the petitioner are pending for consideration in the departmental disciplinary proceedings. The petitioner did not pursue the matter any further. However, when the inquiry was still in progress, the petitioner was informed by letter Annx. 12 dated 30th September, 1986 that his request for voluntary retirement has been accepted and he stands retired voluntarily under the provisions of Rule 244 (1) of the Rules of 1951.
(3.) The petitioner being aggrieved against the order Annx. 12 whereby he was voluntarily retired as per his request, preferred this writ petition. It is the contention of learned counsel for the petitioner that once his request for voluntary retirement had not been accepted by Annx. 9, the order could not have been reviewed at all and it is to be deemed that after the rejection of his request for voluntary retirement there was no application of the petitioner pending before the competent authority for voluntary retirement.;