Case: P. Lal Vs. Union of India and Others

These Appeals are against a judgment dated 4th July, 2001. Briefly stated the facts are as follows :Respondent No. 3 worked in the Research and Analysis Wing (RAW) of the Government of India from 1982 to September 1990. With effect from October 1990 Respondent No. 3 was repatriated to the State of Punjab. He did not join duty till 30th September, 1991. On 24th October 1991, i.e. 23 days later, Respondent No. 3 applies fora leave. Even before the leave could be sanctioned Respondent No. 3 leaves India and goes to England. From England he again applies for further leave. Leave is sanctioned till 10th January, 1992. Respondent No. 3 is informed that no further extension would be granted even on medical grounds. Respondent No. 3 still does not join duty. He then sends in, on 30th June, 1992, an application for voluntary retirement. However, on 19th July, 1992, he sends a telegram withdrawing his application for voluntary retirement. As Respondent No. 3 continues to remain absent he wasd on 14th January, 1993. On 12th April, 1993 he reports for duty in the Office of the D.G.P., PunjabOn 5th May, 1993 he again applies for voluntary retirement with immediate effect. He deposits Rs. 30, 870/in lieu of three months advance notice. Respondent No. 3 does not even wait for his application to be accepted. He again goes away abroad. As Respondent No. 3 had applied for voluntary retirement DGP, Punjab recommends that thet against him be withdrawn. On 27th September, 1993 the Government of India rejects the request for voluntary retirement on the ground that three months notice period had not been given. The Government of Punjab by its representations dated 29th September, 1993 and 8th July, 1994 requests the Government of India to accept the application for voluntary retirement. This request is again turned down by the Government of India on 13th September, 1994. As Respondent No. 3 was not even in India and was not reporting for duty the Government of Punjab, on 29th November, 1994, points out to the Government of India that Respondent No. 3 has not been attending office since 5th May, 1993 and that his three months notice period may be considered from the date of application i.e. 5th May, 1993 and he may be allowed to voluntary retirement. On 2nd March, 1995 the Government of India permits Respondent No. 3 to retire from service with effect from May, 1993. It may be mentioned that in the meantime, on the recommendation of the D.G.P., Punjab, thet had been dropped against Respondent No. 3. This was done in view of the fact that he was retiring voluntarilyIn his application for voluntary retirement, Respondent No. 3 had given his contact address as follows :"Sh. R. K. Sharma,, New Rajinder Nagar, New Delhi110 060."The order of the Government of India dated 2nd March, 1995 permitting Respondent No. 3 to retire from service was forwarded to Respondent No. 3 at the above mentioned address. It was however received back undelivered from the postal authorities with the remarks"despite repeated visits, could not be delivered to addressee as he was not available" *. The D.G.P., Punjab therefore deputes a Constable to deliver the Order to Respondent No. 3. When the Constable goes to the above address thew of Respondent No. 3 states that no officer by name R. K. Sharma stays in this house. Thew further states that he knows nothing about R. K. SharmaOn 18th April, 1995 Respondent No. 3 withdraws his request for voluntary retirement. Significantly, the address given in his letter is the above mentioned address. This shows that Respondent No. 3 was purposely evading receipt of Government Order dated 2nd March, 1995. On 20th June, 1995 the Government of India rejects his request for withdrawal of voluntary retirement on the ground that the period within which such request could be made had already expired. By his letters dated 20th July, 1995 and 4th March, 1996 Respondent No. 3 again requests the Government of India to allow him to withdraw his application for voluntary retirement. Surprisingly, on 14th August, 1997, the Government of India accepts the request of Respondent No. 3 for withdrawal of voluntary retirementAt this stage it must be mentioned that documents brought on record show that between the period 15th March, 1996 and 12th August, 1997 Respondent No. 3 took up employment with a foreign firm by name M/s. California Designs and Constructions Inc. and represented the firm, as its director, before various departments of the Government of Punjab and the Government of Haryana. It is being assumed that Respondent No. 3 concealed this fact from the Government of India and that the Government of India accepted his request for withdrawal of voluntary retirement in ignorance of this factThe Appellant therefore approached the Central Administrative Tribunal againstn of Respondent No. 3 into service. The Appellant claims that by suchn his seniority in the cadre gets affected. The Government and Respondent No. 3 contested the application. Before the Central Administrative Tribunal it was urged that the Appellant had no locus to challenge the action of the Government in permitting Respondent No. 3 to withdraw his application for voluntary retirement. It was also urged that the Central Administrative Tribunal had no jurisdiction. The Central Administrative Tribunal negatived both these contentions. The Central Administration Tribunal holds that Respondent No. 3 having left without waiting for his application to be sanctioned and Respondent No. 3 having taken up employment with a foreign company amounted to severance of the relationship of master and servant. It was held that as the severance had attained finality the Government of India had no jurisdiction to pass the impugned order dated 14th August, 1997. It was held that the effect of the Order was to give lateral entry into service which was not permissible. It was held that Respondent No. 3, by his conduct, having severed the relationship of master and servant could not now be allowed to come back into service. By its Order dated 3rd February, 1998 the Central Administrative Tribunal quashes the Order dated 14th August, 1997 allowing Respondent No. 3 to withdraw his voluntary retirementRespondent No. 3 as well as the Government of India file Writ Petitions in the Punjab & Haryana High Court challenging the order dated 3rd February, 1998 passed by the Central Administrative Tribunal. On 10th September, 1998 these Writ Petitions were taken up for admission. At that stage a statement is made on behalf of Respondent No. 3 (herein) that he will not claim seniority over the Appellant (herein)During the pendency of the Writ Petitions, the Government of India produces an affidavit of one Malkait Singh Sidhu who claimed that he was President of M/s. California Designs and Construction Inc. In the affidavit it was claimed that Respondent No. 3 was not a Director in this Company. It was claimed before the High Court that Respondent No. 3 had not taken employment with this firm. That this was a false stand came to light after arguments in the two Writ Petitions were over. The High Court has, in the impugned judgment, set out what happened. The relevant portion reads as follows :"Before proceeding further, we deem it proper to mention that after conclusion of the arguments, Shri P. Lal filed C.M.0 of 2000 in C.W.P. No. 6196 of 1998 for placing on record additional affidavit dated 18.11.2000 along with Annexure R1/26 to R1/29 to show that between 1995 and 1997, Shri R. K. Sharma had actively represented M/s. California Design and Construction INC for the purpose of award of contract for construction, erected and commission of ten sewage treatment plants under Yamuna Action Plan. He also filed C.M. No.2 of 2000 in C.W.P. No. 6461 of 1998 for placing on record additional affidavit dated 18.11.2000 and documents Annexure R3/26 to R3/29, C.M. No.6 of 2000 was also filed on behalf of Shri R. K. Sharma for placing on record his affidavit dated 27.11.2000 and documents Annexures P35 to P40 to show that he was no longer Director of M/s. California Designs and Constructions India LtdWe may also mention that while hearing C.W.P. No. 14542 of 2000 filed by M/s. California Design and Construction India Ltd. for quashing the action taken by thex authorities to recover tax from the payment made to it by the Government of Haryana, counsel representing the petitioner in that case had produced a copy of the agreement entered into between his client and the State of Haryana which was signed by Shri R. K. Sharma on behalf of they as its director and he had represented to the Government of Haryana that he was the Managing Director of the said company. After taking note of this, we had directed the listing of these petitions for further consideration. On 20.11.2000, counsel appearing for Union of India in C.W.P. No. 6461 of 1998 sought adjournment to place on record an affidavit on behalf of Government of India explaining its position on the issue of employment of Shri R. K. Sharma. Thereafter, Shri R. K. Mitra, Deputy Secretary, Ministry of Home Affairs, New Delhi filed an affidavit dated 25.11.2000 stating therein that the Government of India never made a statement that Shri R. K. Sharma had not taken employment with a foreign company. At the same time, he averred that it is for the State Government to take appropriate action in the matter." *This shows that Respondent No. 3 had attempted to mislead the High Court of Punjab and Haryana. He obviously had also mislead the Government of India by getting them to file, before the High Court of Punjab and Haryana, the affidavit of Malkait Singh. In any event now the Government of India and the Government of Punjab know that Respondent No. 3 had not just absented himself from duty but had in fact taken up employment with a foreign firm and represented it with various departments of the State Government. Their conduct in continuing to side with Respondent No. 3 is to say the least surprisingThe High Court, after considering the submissions of the parties, negatives the contentions that the Appellant did not have locus. It is held that the Central Administrative Tribunal had jurisdiction. The High Court has adversely commented upon the conduct of Respondent No. 3 in going abroad without prior permission; in remaining absent for such a long time, in taking up employment with a foreign company. The High Court then holds that as the order of the Government of India dated 2nd March, 1995 was not communicated to Respondent No. 3 the relationship of master and servant continued. It is held that Respondent No. 3 was therefore entitled to treat himself as continuing in service and was not even required to submit an application for withdrawal of his request for voluntary retirement. The High Court holds that the decision of the Government of India to allow Respondent No. 3 to withdraw the request for voluntary retirement cannot be termed as illegal or vitiated due to want of jurisdiction. The Writ Petitions were accordingly allowed. The High Court however directed that disciplinary proceedings be held against Respondent No. 3. Even though, on 10th September, 1998 a statement had been made that Respondent No. 3 would not claim seniority over the Appellant, the High Court in the impugned Order has held as follows :"In the result, the writ petitions are allowed. Order dated 3.2.1998 passed by the Tribunal is set aside. This shall be subject to the direction that Shri R. K. Sharma shall not be assigned seniority over Shri P. Lal and other officers, who had been promoted during his absence from duty till the government takes a comprehensive decision on the allegations of his absence from duty, going abroad without prior permission, taking up employment with a foreign company and joining the Board of Directors of a company registered in India and he is exonerated in the departmental enquiry, if any, held in these matters." *Thus now the High Court has left it open for Respondent No. 3 to claim seniority if he is exonerated in the departmental enquiry or if the departmental enquiry is dropped. As is being set out hereinafter there is already a proposal to drop the departmental enquiryAt this stage it is appropriate to mention that after notice was issued on these SLPs Respondent No. 3 filed an affidavit in this Court in which he inter alia states as follows :"Due to the malicious and selfish conduct of the Petitioner and the State, the answering respondent was left with no other option but to believe that his request for withdrawal of voluntary retirement has been rejected and, therefore, the petitioner took up an employment in a private firm in an honorary capacity, from 28.3.1996 to 12.8.1997xxx xxx xxxV. The allegation that the answering respondent immediately on submitting his application for voluntary retirement worked with M/s. California Design and Construction Inc. U.S.A. as Managing Director is not admitted and hence denied. It is further submitted that the answering respondent did not take any employment in India in any company, concern or firm till 28.3.1996. It is however submitted that on recovery from hish and in absence of any response to his application for voluntary retirement, the answering respondent filed an application dated 18.4.1995 to withdraw the request for voluntary retirement and the same was rejected by Union of India on 20.6.95. The answering respondent herein was left with no option but to take a job in a private firm in India in honorary capacity to keep himself occupied. The said employment was only for a short period from 28.3.1996 to 12.8.1997xxx xxx xxxIt is submitted that the answering respondent took an employment in a private firm in India in an honorary capacity on 28.3.1996, as he neither received any reply to various representations made by him for withdrawal of request for voluntary retirement nor was given any posting order till 18.8.98. It is submitted that Union of India erroneously passed the order dated 20.6.1995 due to lack of correct and true information furnished by the State Government. The State Government illegally, erroneously and unilaterally severed the master servant relationship. The State Governments following actions, made the answering respondent come to the conclusion that his services are no more required by the authorities :i) No posting order given to the answering respondent pursuant to his joining report dated 18.4.1995ii) For all administrative and practical purposes, the State Government struck off the name of the answering respondent from the Punjab IPS Cadres Gradation Listiii) No salary given to answering respondent during the period 5.5.1993 to 18.8.1998iv) Eight letters issued from 26.6.1995 to 4.4.1997 by State Government declaring answering respondent has retired from serviceIt is further submitted that the answering respondent on the basis of sequence of events and conduct of parties was compelled to believe that his employment in a private organization would not violate any rules as he had been retired by the State Government. Accordingly, the State Government or for that matter the petitioner cannot have any grievance on that account and are estopped from making such reckless allegations." *These Appeals are against a judgment dated 4th July, 2001. Briefly stated the facts are as follows :Respondent No. 3 worked in the Research and Analysis Wing (RAW) of the Government of India from 1982 to September 1990. With effect from October 1990 Respondent No. 3 was repatriated to the State of Punjab. He did not join duty till 30th September, 1991. On 24th October 1991, i.e. 23 days later, Respondent No. 3 applies fora leave. Even before the leave could be sanctioned Respondent No. 3 leaves India and goes to England. From England he again applies for further leave. Leave is sanctioned till 10th January, 1992. Respondent No. 3 is informed that no further extension would be granted even on medical grounds. Respondent No. 3 still does not join duty. He then sends in, on 30th June, 1992, an application for voluntary retirement. However, on 19th July, 1992, he sends a telegram withdrawing his application for voluntary retirement. As Respondent No. 3 continues to remain absent he wasd on 14th January, 1993. On 12th April, 1993 he reports for duty in the Office of the D.G.P., PunjabOn 5th May, 1993 he again applies for voluntary retirement with immediate effect. He deposits Rs. 30, 870/in lieu of three months advance notice. Respondent No. 3 does not even wait for his application to be accepted. He again goes away abroad. As Respondent No. 3 had applied for voluntary retirement DGP, Punjab recommends that thet against him be withdrawn. On 27th September, 1993 the Government of India rejects the request for voluntary retirement on the ground that three months notice period had not been given. The Government of Punjab by its representations dated 29th September, 1993 and 8th July, 1994 requests the Government of India to accept the application for voluntary retirement. This request is again turned down by the Government of India on 13th September, 1994. As Respondent No. 3 was not even in India and was not reporting for duty the Government of Punjab, on 29th November, 1994, points out to the Government of India that Respondent No. 3 has not been attending office since 5th May, 1993 and that his three months notice period may be considered from the date of application i.e. 5th May, 1993 and he may be allowed to voluntary retirement. On 2nd March, 1995 the Government of India permits Respondent No. 3 to retire from service with effect from May, 1993. It may be mentioned that in the meantime, on the recommendation of the D.G.P., Punjab, thet had been dropped against Respondent No. 3. This was done in view of the fact that he was retiring voluntarilyIn his application for voluntary retirement, Respondent No. 3 had given his contact address as follows :"Sh. R. K. Sharma,, New Rajinder Nagar, New Delhi110 060."The order of the Government of India dated 2nd March, 1995 permitting Respondent No. 3 to retire from service was forwarded to Respondent No. 3 at the above mentioned address. It was however received back undelivered from the postal authorities with the remarks"despite repeated visits, could not be delivered to addressee as he was not available" *. The D.G.P., Punjab therefore deputes a Constable to deliver the Order to Respondent No. 3. When the Constable goes to the above address thew of Respondent No. 3 states that no officer by name R. K. Sharma stays in this house. Thew further states that he knows nothing about R. K. SharmaOn 18th April, 1995 Respondent No. 3 withdraws his request for voluntary retirement. Significantly, the address given in his letter is the above mentioned address. This shows that Respondent No. 3 was purposely evading receipt of Government Order dated 2nd March, 1995. On 20th June, 1995 the Government of India rejects his request for withdrawal of voluntary retirement on the ground that the period within which such request could be made had already expired. By his letters dated 20th July, 1995 and 4th March, 1996 Respondent No. 3 again requests the Government of India to allow him to withdraw his application for voluntary retirement. Surprisingly, on 14th August, 1997, the Government of India accepts the request of Respondent No. 3 for withdrawal of voluntary retirementAt this stage it must be mentioned that documents brought on record show that between the period 15th March, 1996 and 12th August, 1997 Respondent No. 3 took up employment with a foreign firm by name M/s. California Designs and Constructions Inc. and represented the firm, as its director, before various departments of the Government of Punjab and the Government of Haryana. It is being assumed that Respondent No. 3 concealed this fact from the Government of India and that the Government of India accepted his request for withdrawal of voluntary retirement in ignorance of this factThe Appellant therefore approached the Central Administrative Tribunal againstn of Respondent No. 3 into service. The Appellant claims that by suchn his seniority in the cadre gets affected. The Government and Respondent No. 3 contested the application. Before the Central Administrative Tribunal it was urged that the Appellant had no locus to challenge the action of the Government in permitting Respondent No. 3 to withdraw his application for voluntary retirement. It was also urged that the Central Administrative Tribunal had no jurisdiction. The Central Administrative Tribunal negatived both these contentions. The Central Administration Tribunal holds that Respondent No. 3 having left without waiting for his application to be sanctioned and Respondent No. 3 having taken up employment with a foreign company amounted to severance of the relationship of master and servant. It was held that as the severance had attained finality the Government of India had no jurisdiction to pass the impugned order dated 14th August, 1997. It was held that the effect of the Order was to give lateral entry into service which was not permissible. It was held that Respondent No. 3, by his conduct, having severed the relationship of master and servant could not now be allowed to come back into service. By its Order dated 3rd February, 1998 the Central Administrative Tribunal quashes the Order dated 14th August, 1997 allowing Respondent No. 3 to withdraw his voluntary retirementRespondent No. 3 as well as the Government of India file Writ Petitions in the Punjab & Haryana High Court challenging the order dated 3rd February, 1998 passed by the Central Administrative Tribunal. On 10th September, 1998 these Writ Petitions were taken up for admission. At that stage a statement is made on behalf of Respondent No. 3 (herein) that he will not claim seniority over the Appellant (herein)During the pendency of the Writ Petitions, the Government of India produces an affidavit of one Malkait Singh Sidhu who claimed that he was President of M/s. California Designs and Construction Inc. In the affidavit it was claimed that Respondent No. 3 was not a Director in this Company. It was claimed before the High Court that Respondent No. 3 had not taken employment with this firm. That this was a false stand came to light after arguments in the two Writ Petitions were over. The High Court has, in the impugned judgment, set out what happened. The relevant portion reads as follows :"Before proceeding further, we deem it proper to mention that after conclusion of the arguments, Shri P. Lal filed C.M.0 of 2000 in C.W.P. No. 6196 of 1998 for placing on record additional affidavit dated 18.11.2000 along with Annexure R1/26 to R1/29 to show that between 1995 and 1997, Shri R. K. Sharma had actively represented M/s. California Design and Construction INC for the purpose of award of contract for construction, erected and commission of ten sewage treatment plants under Yamuna Action Plan. He also filed C.M. No.2 of 2000 in C.W.P. No. 6461 of 1998 for placing on record additional affidavit dated 18.11.2000 and documents Annexure R3/26 to R3/29, C.M. No.6 of 2000 was also filed on behalf of Shri R. K. Sharma for placing on record his affidavit dated 27.11.2000 and documents Annexures P35 to P40 to show that he was no longer Director of M/s. California Designs and Constructions India LtdWe may also mention that while hearing C.W.P. No. 14542 of 2000 filed by M/s. California Design and Construction India Ltd. for quashing the action taken by thex authorities to recover tax from the payment made to it by the Government of Haryana, counsel representing the petitioner in that case had produced a copy of the agreement entered into between his client and the State of Haryana which was signed by Shri R. K. Sharma on behalf of they as its director and he had represented to the Government of Haryana that he was the Managing Director of the said company. After taking note of this, we had directed the listing of these petitions for further consideration. On 20.11.2000, counsel appearing for Union of India in C.W.P. No. 6461 of 1998 sought adjournment to place on record an affidavit on behalf of Government of India explaining its position on the issue of employment of Shri R. K. Sharma. Thereafter, Shri R. K. Mitra, Deputy Secretary, Ministry of Home Affairs, New Delhi filed an affidavit dated 25.11.2000 stating therein that the Government of India never made a statement that Shri R. K. Sharma had not taken employment with a foreign company. At the same time, he averred that it is for the State Government to take appropriate action in the matter." *This shows that Respondent No. 3 had attempted to mislead the High Court of Punjab and Haryana. He obviously had also mislead the Government of India by getting them to file, before the High Court of Punjab and Haryana, the affidavit of Malkait Singh. In any event now the Government of India and the Government of Punjab know that Respondent No. 3 had not just absented himself from duty but had in fact taken up employment with a foreign firm and represented it with various departments of the State Government. Their conduct in continuing to side with Respondent No. 3 is to say the least surprisingThe High Court, after considering the submissions of the parties, negatives the contentions that the Appellant did not have locus. It is held that the Central Administrative Tribunal had jurisdiction. The High Court has adversely commented upon the conduct of Respondent No. 3 in going abroad without prior permission; in remaining absent for such a long time, in taking up employment with a foreign company. The High Court then holds that as the order of the Government of India dated 2nd March, 1995 was not communicated to Respondent No. 3 the relationship of master and servant continued. It is held that Respondent No. 3 was therefore entitled to treat himself as continuing in service and was not even required to submit an application for withdrawal of his request for voluntary retirement. The High Court holds that the decision of the Government of India to allow Respondent No. 3 to withdraw the request for voluntary retirement cannot be termed as illegal or vitiated due to want of jurisdiction. The Writ Petitions were accordingly allowed. The High Court however directed that disciplinary proceedings be held against Respondent No. 3. Even though, on 10th September, 1998 a statement had been made that Respondent No. 3 would not claim seniority over the Appellant, the High Court in the impugned Order has held as follows :"In the result, the writ petitions are allowed. Order dated 3.2.1998 passed by the Tribunal is set aside. This shall be subject to the direction that Shri R. K. Sharma shall not be assigned seniority over Shri P. Lal and other officers, who had been promoted during his absence from duty till the government takes a comprehensive decision on the allegations of his absence from duty, going abroad without prior permission, taking up employment with a foreign company and joining the Board of Directors of a company registered in India and he is exonerated in the departmental enquiry, if any, held in these matters." *Thus now the High Court has left it open for Respondent No. 3 to claim seniority if he is exonerated in the departmental enquiry or if the departmental enquiry is dropped. As is being set out hereinafter there is already a proposal to drop the departmental enquiryAt this stage it is appropriate to mention that after notice was issued on these SLPs Respondent No. 3 filed an affidavit in this Court in which he inter alia states as follows :"Due to the malicious and selfish conduct of the Petitioner and the State, the answering respondent was left with no other option but to believe that his request for withdrawal of voluntary retirement has been rejected and, therefore, the petitioner took up an employment in a private firm in an honorary capacity, from 28.3.1996 to 12.8.1997xxx xxx xxxV. The allegation that the answering respondent immediately on submitting his application for voluntary retirement worked with M/s. California Design and Construction Inc. U.S.A. as Managing Director is not admitted and hence denied. It is further submitted that the answering respondent did not take any employment in India in any company, concern or firm till 28.3.1996. It is however submitted that on recovery from hish and in absence of any response to his application for voluntary retirement, the answering respondent filed an application dated 18.4.1995 to withdraw the request for voluntary retirement and the same was rejected by Union of India on 20.6.95. The answering respondent herein was left with no option but to take a job in a private firm in India in honorary capacity to keep himself occupied. The said employment was only for a short period from 28.3.1996 to 12.8.1997xxx xxx xxxIt is submitted that the answering respondent took an employment in a private firm in India in an honorary capacity on 28.3.1996, as he neither received any reply to various representations made by him for withdrawal of request for voluntary retirement nor was given any posting order till 18.8.98. It is submitted that Union of India erroneously passed the order dated 20.6.1995 due to lack of correct and true information furnished by the State Government. The State Government illegally, erroneously and unilaterally severed the master servant relationship. The State Governments following actions, made the answering respondent come to the conclusion that his services are no more required by the authorities :i) No posting order given to the answering respondent pursuant to his joining report dated 18.4.1995ii) For all administrative and practical purposes, the State Government struck off the name of the answering respondent from the Punjab IPS Cadres Gradation Listiii) No salary given to answering respondent during the period 5.5.1993 to 18.8.1998iv) Eight letters issued from 26.6.1995 to 4.4.1997 by State Government declaring answering respondent has retired from serviceIt is further submitted that the answering respondent on the basis of sequence of events and conduct of parties was compelled to believe that his employment in a private organization would not violate any rules as he had been retired by the State Government. Accordingly, the State Government or for that matter the petitioner cannot have any grievance on that account and are estopped from making such reckless allegations." *The Appellant has now produced a letter dated 15th March, 1996 addressed by Respondent No. 3 as a Director of M/s. California Design and Construction INC to the Superintendent Engineer to the Public Health Circle, Faridabad. This shows that even on 15th March, 1996 Respondent No. 3 was a director of this foreign firm. His statement of oath before this Court that he took employment with effect from 28th March, 1996 is shown to be patently false. It is clear that he was employed with the foreign firm even prior to 28th March, 1986. Before we consider the arguments it is important to set out certain other facts. Respondent No. 3 had also filed a Special Leave Petition before this Court challenging that portion of the impugned judgment which held that the Appellant had locus; that the Central Administrative Tribunal had jurisdiction and the directions to hold a disciplinary enquiry against him. The Special Leave Petition was dismissed by an Order dated 10th December, 2001. This Court however clarified that the enquiry must be conducted without being influenced by any observations made by the High Court. Thus so far as Respondent No. 3 is concerned the findings in the impugned judgment, that the Appellant had locus and that the Central Administrative Tribunal had jurisdiction, have become final. In these Special Leave Petitions by Order dated 11th January 2002, this Court stayed the impugned judgment. This necessarily meant that the judgment of the Central Administrative Tribunal became effective again. The effect of the order of the Central Administrative Tribunal is that Respondent No. 3 ceased to be in service. In view of the above position the Principal Secretary to the Government of Punjab, by an Order dated 23rd January, 2002, held that Respondent No. 3 ceased to be in service with immediate effect in view of the order of this Court. Surprisingly another Principal Secretary, one Mr. S. K. Singh, by an Order dated 31st March, 2002 withdraws the earlier order dated 23rd January, 2002. Respondent No. 3 immediately assumes charge as Inspector General of Police on 31st March, 2002. By an Order dated 18th April, 2002 he is posted against the vacant post of ADGP/Internal Vigilance Cell to look after the Litigation Wing and Internal Vigilance Cell. On 10th May, 2002 these facts are then brought to the notice of this Court. This Court therefore directs the Principal Secretary to state on affidavit as to how the Order dated 31st March, 2002 came to be passed in violation of the order passed by this Court on 11th January, 2002. The Principal Secretary has filed an affidavit dated 13th June, 2002 stating that the earlier Order of 23rd June, 2002 had been passed by the Principal Secretary to the Government of Punjab, but that on a representation submitted by Respondent No. 3 it was found that the power to relieve an officer from service rests with the Government of India and not with the Government of Punjab. It was stated that it was found that the Order dated 23rd January, 2002 was without jurisdiction and deserved to be withdrawn and was therefore withdrawn. It was stated that the subsequent order was passed after obtaining legal advice. The reasoning given is entirely untenable. The effect of the order of the Central Administrative Tribunal was that Respondent No. 3 ceased to be in service. Respondent No. 3 was not being relieved by Order dated 23rd January, 2002. The Order dated 23rd January, 2002 merely informed Respondent No. 3 that he had ceased to be in service. In any event, in view of the stay order, Respondent No. 3 could not have been given a posting order. By an Order dated 24th May, 2002, the posting order of R. K. Sharma has been held in abeyance pending decision in these Appeals. But Respondent No. 3 is still allowed to continue in service in breach of an interim order of this Court and in violation of the order of the Central Administrative TribunalOne last fact which requires to be mentioned is that as per the direction of the High Court at has been issued against Respondent No. 3 on 27th September, 2001. As has now become common for Respondent No. 3, he again applies for voluntary retirement on 10th October, 2001. The D.G.P. again recommends that thet be dropped as he has applied for voluntary retirement. Following the recommendation for dropping of thet Respondent No. 3 has, on 26th November, 2001, again withdrawn his request for voluntary retirement

Reasoning:
We are unable to accept the submissions of Mr. Jethmalani. As has been pointed out hereinabove, against the portion of the impugned judgment which held that the Appellant had locus and that the Central Administrative Tribunal had jurisdiction, Respondent No. 3 had filed a Special Leave Petition. That has been dismissed by this Court on 10th December, 2000. It is therefore not open to Respondent No. 3 to again raise these contentions. These findings in the impugned judgment have become final as against Respondent No. 3Thus Appellant can legitimately point out that Respondent No. 3 has ceased to be in service. Thus Appellants claim is not based on mere expectations or accidental windfall. The Appellant is a person aggrieved and has locus. Even otherwise, as has been explained in great detail, both by the Tribunal as well as the High Court, the Tribunal had jurisdiction to entertain the application filed by the Appellant. Merely because Respondent No. 3 made a statement before the High Court that he would not claim seniority would not be a ground for holding that the Tribunal had no jurisdiction. A statement made in a Writ Petition before the High Court would not deprive the Appellant of locus and/or the Tribunal of jurisdictionIf any other view is taken it would lead to absurd results. Such a view would mean that even though a member had given a notice for voluntary retirement stopped attending office and/or gone away abroad and/or taken up some other employment after a number of years of absence the member could claim to come back into service because the Government, for some unforeseen reasons, had not communicated its acceptance. Taken to its absurd length such a member could after superannuation claim that, as the services were not terminated, he was entitled to pension and gratuity on the basis that he had continued in service. The requirement of communication of acceptance would only arise in cases where, even after giving of a notice of voluntary retirement the member continues to work/perform his duties. In such cases the member would need to know from what date he can stop attending office. In cases where the member has by his own conduct abandoned service the severance of the relationship of master and servant takes place immediately on acceptance of notice. We are unable to accept the submission that the severance of relationship of master and servant cannot take effect until there is an Order by the President of India and the same is duly notified in the Gazette. Rules 16(2) and 16(2A) have been set out hereinabove. All that it requires is acceptance by the Government of India and not by the President of India. Admittedly the request for voluntary retirement has been accepted by the Government of India on 2nd March, 1995. No provision or rule could be shown which requires such acceptance to be gazetted. On the contrary, as has been set out hereinabove, in its affidavit before the Punjab & Haryana High Court, the Government of Punjab had categorically stated that there was no provision for gazetting such an orderThat the relationship of master and servant had been severed is clear from the affidavit filed by Respondent No. 3 in this Court. The relevant portion has been reproduced hereinabove. Even according to Respondent No. 3 no posting order had been issued to him. According to Respondent No. 3 the Government of India had struck off, his name from the Gradation list, no salary was paid to him and 8 letters have been issued declaring that he has retired from service. We are unable to accept Mr. Jethmalanis submission that, Respondent No. 3 had been sent abroad and asked to take up employment with a foreign firm by the Government. There is no proof of such a case. Neither the Government of India nor the Governments of Punjab/Haryana state that this was so. This appears to us to be an argument in desperationIn view of the above it is held that the High Court erred in coming to the conclusion that the relationship of master and servant had not been terminated. As has been set out hereinabove, the relationship of master and servant had been terminated before Respondent No. 3 sought to withdraw his request for voluntary retirement on 18th April, 1995. Once relationship of master and servant had been severed and/or terminated, by this back door method, Respondent No. 3 could not get back to service. The Order of the Government of India dated 14th August, 1997 cannot be sustained and was correctly quashed by the Central Administrative Tribunal. In this view of the matter the impugned judgment requires to be and is hereby set aside. The Order of the Central Administrative Tribunal dated 3rd February, 1998 is restoredMr. Gupta had raised various other submissions. In the view that we have taken it is not necessary to set out or deal with those submissions.