1) Rule. Heard forthwith.

2) The petitioner had joined as Bailiff in the District Court at Jalna. He was subsequently promoted to the post of Clerk and has rendered 25 years of service. The petitioner was transferred to the Jafrabad Court at Jalna district on 7.6.2004. The petitioner applied for voluntary retirement and was allowed to retire w.e.f. 6.9.2004 by order dated 30.8.2004. The petitioner on 27.9.2004thereafter submitted an application for withdrawal of the notice of voluntary retirement. That was rejected on 29.9.2004.

2) After his retirement, show cause notice, as to why disciplinary proceedings should not be initiated, was served on the petitioner on 5.10.2004. That was based on a report of the JMFC, Jafrabad dated 1.9.2004 which was received in the office of District Judge on 3.9.2004.A consideration of the charge sheet which has been filed prima facie indicates that the charges are in respect of absentism and failure to take charge of muddemal and record section in his new posting at Jafrabad Court. From the record one finds that before acceptance of the application made by the petitioner for voluntary retirement, the