Judgment

S.B. Sinha, J.—This appeal is directed against a judgment and order dated 14.07.2003 passed by the High Court of Punjab & Haryana in CWP No. 14261 of 2000 dismissing the writ petition filed by the Appellant herein questioning an order dated 24.08.2000 by reason whereof his offer for voluntary retirement was accepted.

2. The Appellant was appointed as a Constable in Haryana Police. In 1992, he was promoted as Head Constable. He allegedly had been on unauthorized leave. The Station House Officer made a report to the superiors about his behaviour and conduct. He was placed under suspension, whereafter a departmental proceeding was initiated against him. During the pendency of the said enquiry, according to the Appellant, when he was called to the office of the Superintendent of Police on 29.05.2000, filed an application wherein he, inter alia, expressed his intention to go for voluntary retirement with effect from 31.08.2000 in the following terms:

"Most respectfully I want to bring in your kind notice that on 19.8.1999 at about 9 P.M. 1 received an VT on wireless set from previous worthy S.P. Shri O.P. Singh IPS Hisar that, three unknown culprits covering their mouth riding on an matiyala scooter round up these.

2. That at that time I was present along with police party near Puspa Complex near Dabra Chowk Hisar.

3. That above culprits come on above scooter towards ply over the turned in sector 13A Hisar Shopping Centre I covered these in Sector 13 while running behind these might right leg gone in sewerage dip and I got fracture.

4. That on 19.8.99 I was admitted in G.H. Hisar remained in G.H. Hisar up to 4.10.1999 and got 15% disability on 1.3.2000. I am still under treatment.

5. That now I feel lackness in my right leg and now I want to go on retirement from 31.08.2000."

3. Allegedly, thereafter he was absolved of the charges framed against him in the departmental proceedings. He despite reinstatement in service allegedly was not allowed to perform any duty. Indisputably, by an order dated 24.08.2000, the offer of the Appellant for voluntary retirement was accepted, which reads thus:

"HC Himmat Singh No. 852/HSR is hereby permitted to proceed on voluntary retirement w.e.f. 31.8.2000 A.N. i.e. after the expiry of notice period."

4. The Appellant, however, contends that he had withdrawn the said offer on 24.08.2000 itself by filing an application which was forwarded to the Superintendent of Police by the Lines Officer, Police Lines, Hisar.

5. The Appellant filed a writ petition before the Punjab and Haryana High Court praying, inter alia, for the following reliefs:

"i) issue a writ in the nature of certiorari calling for the records of the respondents concerning the passing of the order retiring the petitioner and after perusal of the same, order retiring the petitioner be quashed and the petitioner be allowed to continue in service.

ii) it is further prayed that an application which the petitioner sent through Line Officer who has forwarded to the Supdt. Of Police on 24.08.2000 be allowed with all consequential reliefs and the petitioner be allowed to continue in service till the age of superannuation."

6. A Division Bench of the High Court before issuing rule nisi went through the records and opined that the contention raised by the Appellant that he had withdrawn the offer of voluntary retirement on 24.08.2000 may be correct. Pursuant to a direction issued by a Division Bench of the said court, the then Superintendent of Police as also the Lines Officer affirmed their respective affidavits.

7. We may furthermore notice that the Appellant in the writ petition raised a serious allegation that he had been assaulted by the Fifth Respondent on 24.08.2000, who forcibly obtained an acknowledgement from him on the order of retirement although no copy thereof was handed over to him. He while acknowledging the same made the following endorsements therein:

"Sir,

Noted and application already for withdrawal/cancellation sent to your office today