1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The question for consideration presently is, if the petitioner shall be deemed to have retired from Government service in pursuance of his application for voluntary retirement dated 16.3.1998 under Rule 74(b)(i) of the Bihar Service Code upon expiry of three months notice period i.e. 30.6.1998. If that be so, can the authorities by not communicating express acceptance of the same contend that the petitioner continued in service and, therefore, a decision to initiate departmental proceedings could be initiated against him on 13.4.2000 and memo of charges be issued on that basis to him on 8.7.2004 on the premise that he continued in Government service.

Rule 74(b)(i) reads as follows: "Notwithstanding anything contained in the preceding sub-rule a Government servant may, after giving at least three months previous notice, in writing, to the appointing authority concerned retire from service on the date on which such a Government servant completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice: Provided that no Government se