JUDGMENT :

DEVENDRA KUMAR UPADHYAYA, C.J.

(A) CHALLENGE:

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner, who is a member of Indian Police Service (IPS) borne on Maharashtra Cadre, challenging the judgment and order dated 7th December 2023 passed by Mumbai Bench of Central Administrative Tribunal (hereinafter referred to as “Tribunal”) whereby Original Application No. 758 of 2019 filed by him has been dismissed and his prayer for quashing the decision dated 25th October 2019 rejecting his prayer for voluntary retirement has not been acceded to.

(B) FACTS:

2. Certain facts, which are necessary for proper adjudication of the issue involved in this petition, need to be noted. The petitioner is a 1997 batch IPS officer. By moving an application on 20th March 2018 to the State Government, he sought voluntary retirement from service, however, the said prayer was rejected by the Central Government by means of the order dated 1st June 2018 for the reason that the petitioner was not found clear from vigilance angle and disciplinary proceedings were pending/contemplated against him. Prior to the application dated 20th March 2018, the petitioner was