C.W.P No. 6844 of 2008 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 6844 of 2008 Date of decision : April 29, 2009 Wazir Singh, ...... Petitioner (s) v. State of Haryana and others, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Harkesh Manuja, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG Haryana for the respondents. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) The petitioner made a prayer for voluntary retirement by an application dated 29.8.2006 on the ground of ill health. By order dated 29.11.2006, the said request was rejected on the ground that a charge-sheet was pending against the petitioner. It is not disputed that in fact on that date no charge sheet was pending against him and the same was actually served upon him only on 9.2.2007. After regular inquiry, the charge sheet was filed on 19.10.2007. However, even after the rejection of the request for voluntary retirement, the petitioner did not join duties (since he had C.W.P No. 6844 of 2008 ::2:: taken earned leave on medical grounds up-till the date of expiry of three months notice period). It is also not disputed that the petitioner has now attained the age of his retirement. However, no retiral benefits have been released to him so far in view of the issuance of a notice dated 11.3.2008 calling upon the petitioner to show cause why he should not be proceeded against for absenting himself willfully since 1.12.2006. In view of the above chequered history, as also in view of the fact that in the written statement no other allegation has been levelled against the petitioner, as well as considering the fact that the petitioner had requested for voluntary retirement on medical ground, and keeping in view the statement of counsel for the petitioner that he does not dispute the fact of his absence, I deem it appropriate to grant the petitioner one more opportunity to file a fresh reply to the show cause notice, which would be limited only to whatever medical justification there may be for his absence, within a period of 15 days from the receipt of a certified copy of this order. On receipt of such a reply, since it is a case where the absence is not disputed, respondent No.2 is directed to take a final decision on the question of retirement of the petitioner as well as the question of the consequences of his absence, and pass a speaking order within three months thereafter. It is further directed that whatever retiral benefits the petitioner is found entitled to would be released to him within a period of two months thereafter. In the terms indicated above, this writ petition stands disposed of. ( AJAY TEWARI ) April 29, 2009. JUDGE `kk' C.W.P No. 6844 of 2008 ::3::