judgment

G.P. Mathur, J. —

1.This appeal, by special leave, has been preferred against the judgment and order dated 11.1.2006 of a Division Bench of Delhi High Court by which the Letters Patent Appeal filed by the appellants was dismissed and the judgment and order dated 20.12.2001 of the learned Single Judge was affirmed.

2.The respondent S.S. Ahluwalia joined the Indian Army on 28.6.1965 as Commissioned Officer. In the year 1973 he was relieved from the army and he joined Central Reserve Police Force (CRPF). The respondent moved an application under Rule 43(d)(i) of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as ‘the Rules’) seeking voluntary retirement with effect from 1.7.1993. The application moved by the respondent was rejected on 12.7.1993. He gave representations on 30.7.1993 and 10.8.1993 for re-examination of his case and to accord sanction for his voluntary retirement. On reconsideration of the matter the appellants accepted the prayer made by the respondent on 23.2.1994 subject to the condition that the proceedings for imposing major penalty initiated against him vide memo dated 4.2.1994 shall continue. The respondent submitted his representation