F. I. REBELLO, J.

( 1 ) THE petitioner joined the services of respondent no. 1 from 29th November, 1985 as Assistant Surgeon and was appointed as professor of Surgery in 1998 and continued to hold that post. At the time of employment the petitioner had completed 31 years of age. By application dated 13th February, 2003 the petitioner sought to voluntarily retire from the services of the respondent No. 1 and accordingly tendered his application for V. R. S. under the applicable Rules effective from 1st September, 2003. By communication dated June 17, 2003, pursuant to petitioners letter dated 30th april, 2003, wherein the petitioner had clarified that he has sought to retire voluntarily on and from 1st September, 2003 under Rule 56 (k) of the Central civil Service (CCS) Rules, the petitioner was informed that the request of premature retirement under FR 56 (k) cannot be accepted in view of the serious allegations levelled against the petitioner and as also the case was under investigation by Central Bureau of Investigation. It is this communication which is the subject-matter of the present challenge.

( 2 ) THE reliefs prayed for by the petitioner may now be set out as under