Allahabad High Court
Satyaveer Singh vs Union Of India & Others on 3 February, 2010
Author: Amreshwar Pratap Sahi
Bench: Amreshwar Pratap Sahi
Court No. - 38 Case :- WRIT - A No. - 857 of 2010 Petitioner :- Satyaveer Singh Respondent :- Union Of India & Others Petitioner Counsel :- Pramod Pathak Respondent Counsel :- A.S.G.I.,R.B. Singhal Hon'ble Amreshwar Pratap Sahi,J.
The petitioner has challenged the order dated 8th of December, 2009 whereby a punishment has been imposed on him treating him to be a member of the Central Reserve Police Force.
Learned counsel contends that as a matter of fact the petitioner had applied for voluntary retirement which was accepted by order dated 19th of January, 2009 and, therefore, the petitioner ceased to be a member of service as such no punishment order could have been passed.
Learned counsel for the Union of India was called to court and asked to file a short counter affidavit for bringing on record the order dated 20th April, 2009. Accordingly by the said order, the petitioner's request for voluntary retirement was to be given effect from 1st of May, 2009 but before the said date could arrive the said request was put in abeyance under the order dated 20th April, 2009 whereafter disciplinary proceedings were proceeded against the petitioner.
In this view of the matter, it is submitted by the respondents that the petitioner had not ceased to be member of the service.
The question, therefore, to be answered is as to what is the impact of the order dated 20th April, 2009. At this stage, learned counsel for the petitioner prays that the said order was never served on the petitioner, therefore, he may be permitted to correct the question through an amendment application.
Put up on Tuesday next to enable the petitioner to file an Amendment Application.
Order Date :- 3.2.2010 Sahu