Ashok Kumar Sahu vs Union Of India & Ors

The appellant is a member of Indian Police Service. The Joint Cadre of Assam and Meghalaya was assigned to him. However, on or about 4.6.1997, he was placed under suspension. Disciplinary proceedings were also initiated against him. Statement of imputation of misconduct was served upon him on 9.7.1997. On his completion of 20 years of service, he expressed his desire to retire from the services with effect from 1.8.1997 in terms of Sub-rule 2A of Rule 16 of the All India Services (Death-cum- Retirement Benefits) Rules, 1958 ('the Rules', for short) by a notice dated 30.4.1997 addressed to the Chief Secretary, Government of Assam, which reads as under :

He, however, did not receive any communication in regard to the acceptance of the said offer before the said date either from the Union of India from the State of Assam. The Government of Assam vide its letter dated 26th May, 1997, forwarded the said request of the appellant for its approval by the Ministry of Home Affairs. The Central Government referred the matter to the Joint Cadre Authority, which agreed to accept the request of the appellant to go on voluntary retirement without prejudice to the existing disciplinary proceedings against him. The resolution of the Joint Cadre Authority reads thus :

In terms of Sub-rule (2) of Rule 16 of the Rules, an employee may retire from his services after giving at least three months' previous notice in writing to the State Government on the date on which he completes 30 years of qualifying service or 50 years of age or any date thereafter specified under the scheme. The proviso appended to the said Rule states that no member of the service under suspension shall retire from service except with specific approval of the State Government concerned.

uncomfortable employees. As a model employer the government must conduct itself with high probity and candour with its employees."

We are not concerned with such a situation in this case.

We may observe that an appropriate order should be passed within a reasonable period. Normally, three months notice is required to be given as the said period is considered to be reasonable and it is expected that a decision would be taken within the said period. But the rule is not an inflexible one. It would depend upon the facts and circumstances of each case.

Having regard to the facts and circumstances of this case, we are of the opinion, that it is a fit case where we should exercise our jurisdiction under Article 142 of the Constitution of India. It is now well settled that the court in appropriate cases may decline to exercise its jurisdiction although it would be lawful to do so. {See A. Umarani v. Registrar, Cooperative Societies & Ors. [(2004) 7 SCC 112] and Des Raj (Deceased) Through LRS. & Ors. v. Union of India & Anr. [(2004) 7 SCC 753].} Keeping in view the principles laid down in the aforementioned decisions, we are of the opinion that the interest of justice, having regard to the peculiar facts and circumstances of this case, shall be sub-served if instead of directing reinstatement of the Appellant in service, the following directions are issued :

The Appeal is allowed to the aforementioned extent and on the aforementioned terms.