JUDGMENT

S.B. Sinha, J. — 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 :

"To

The Chief Secretary to the Govt. of Assam, Dispur, Guwahati-6

Sub:VOLUNTARY RETIREMENT FROM ALL INDIA SERVICES.

Ref :Under Sub-Rule (2A) of Rule 16 of the All India Services (Death-cum-Retirement Benefits) Rules 1958.

Sir,

I have the honour to inform you that on personal grounds I would like to quit the Indian Police Service, on voluntary retirement, to which I was recruited on the basis of the examination held in 1974 and allotted to the Joint Cadre of Assam and Meghalaya, with 1975 as the year of allotmen