LPA No.1528 of 2011 (O&M) [1] IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH LPA No.1528 of 2011 (O&M) Date of Decision: 2.12.2011 Hardial Mehta ...Appellant Versus State of Punjab and others ..Respondents CORAM: Hon'ble Mr. Justice Hemant Gupta Hon'ble Mr. Justice G.S. Sandhawalia Present: Mr. B.R. Mahajan, Advocate for the appellant. Hemant Gupta, J. Challenge in the present appeal is to the order passed by the learned Single Judge on 7.1.2011 whereby the writ petition challenging order of punishment of removal from service of the appellant on account of misconduct of absence from duty and order dated 24.1.1991 disapproving the request for premature retirement, was dismissed. The appellant joined as Clerk on 17.5.1962. Services of the appellant were terminated vide order dated 24.5.1976 for having contracted second marriage without taking prior permission and divorcing his first wife. Said termination order was set aside in CWP No.2795 of 1976 vide judgment dated 31.3.1983. The appellant was reinstated on 10.8.1983. The appellant is stated to have reported for duty 30.9.1983. The appellant protested that he has not been allowed to join in terms of the judgment and filed a contempt petition before this Court. The appellant was directed to LPA No.1528 of 2011 (O&M) [2] report for his duty at his place of posting on 24.5.1984. The appellant reported for duty on 23.5.1984 and communicated on 25.5.1984 that he has not been permitted to join duty. It was on 26.7.1984 in terms of the orders of Director, Health Services, he finally joined duties. Soon thereafter, on 7.8.1984, the appellant served a notice for seeking pre-mature retirement and deposited three months' salary in view of notice. It has come on record that he absented from duty from the very next date i.e. 8.8.1984. A charge- sheet dated 14.12.1984 was served upon the appellant for the misconduct of absence from duty. It was on conclusion of disciplinary proceedings, the order of punishment was passed vide order dated 6.3.1991(Annexure P-17), modified on 28.1.1992 (Annexure P-18). Earlier another order was passed on 24.1.1991 disapproving the notice dated 7.8.1984 seeking pre mature retirement. Challenge to the said orders has remained unsuccessful before the learned Single Judge. Learned counsel for the appellant has vehemently argued that the Punjab Civil Services (Pre-Mature Retirement) Rules, 1973, contemplate that an employee can make a request in writing to the Appropriate Authority of a period less than three months by giving reasons to seek pre-mature retirement. The appellant has deposited salary for three months. Therefore, he has complied with requirement of the Rules and thus, his request for pre- mature retirement has been wrongly rejected and that too after a period of seven years in the year 1991. We have heard learned counsel for the appellant at length, but find no merit in the present appeal. It is a case where practically the appellant has not worked after 1976, but under the guise of pre-mature retirement wishes to avail the pensionary benefits in a clandestine manner. LPA No.1528 of 2011 (O&M) [3] The appellant joined on 27.7.1984, but submitted his request for pre-mature retirement on 7.8.1984, within two weeks of his joining after the year 1976. He absented from duty from the very next day i.e. 8.8.1984. It is, therefore, apparent that intention of the appellant was not to work but to seek financial benefits from the State. The order disapproving pre-mature retirement has been passed on 24.1.1991. The disciplinary proceedings were initiated on 14.12.1984 for the reason that the appellant has absented from duty. The appellant has not joined duties even after the charge sheet was served to show his bona-fide in seeking premature retirement. The sole purpose of the appellant is to draw financial benefits without working for the State. We find that the public funds cannot be permitted be mis-utilised in such manner. We do not find any illegality in the order passed by the Learned Single Judge, which may warrant any interference in the present appeal. Dismissed. ( Hemant Gupta ) Judge (G.S. Sandhawalia) 2.12.2011 Judge meenu/ds