CWP No.8435 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.8435 of 2010(O&M) Date of Decision: May 17, 2010 Ex. SI Shamsher Singh No.89/KTL ...PETITIONER VERSUS STATE OF HARYANA AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI. Present: Mr. Sat Narain Yadav, Advocate for the petitioner ***** PERMOD KOHLI, J.(ORAL) Notice of motion. Mr. R.S. Kundu, Addl. Advocate General, Haryana, who is present in the court has been asked to accept notice on behalf of respondents. With the consent of the learned counsel for the parties and in view of the prayer made in the petition, this petition is disposed at the motion stage. The petitioner was working as Sub-Inspector in the Haryana Police. Petitioner submitted application dated 18.08.2009 for voluntary retirement on account of illness of his daughter. The respondents-authorities accepted the request of the petitioner on 24.08.2009 and he was retired from service on 25.08.2009. It appears that petitioner has second thought after almost 3 months, he applied for withdrawal of application of voluntary retirement vide his subsequent application dated 23.11.2009. This request has been CWP No.8435 of 2010(O&M) -2- rejected by the respondents vide impugned order dated 14.12.2009 (Annexure P/3). The petitioner has challenged the aforesaid order (Annexure P/3). It is contended on behalf of the petitioner that the petitioner was entitled to withdraw the request for voluntary retirement before the expiry of the notice period i.e. 3 months prescribed under the rules. It is not in dispute that the petitioner himself specified the date for effecting the voluntary retirement, the authorities only accepted the request of the petitioner. It is also established position under the rules that the period of notice can be waived. Petitioner having waived the period of notice, his request for withdrawal of voluntary retirement has been rightly declined. Finding no merit in the writ petition, the same stands dismissed. May 17, 2010 (PERMOD KOHLI) vcgarg JUDGE