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DELHI HIGH COURT
SANJIV KHANNA, CHANDER SHEKHAR
Anil Kumar Tyagi – Appellant
Versus
Chief Executive Officer, Delhi Jal Board – Respondent
JUDGMENT
Sanjiv Khanna, J. (Oral)--The petitioner in this writ petition impugns the order dated 23.12.2016 whereby OA No. 3599/2016 filed by him has been disposed of with the following findings:
"8. In the instant case, I find that it is true that disciplinary proceedings for major penalty were contemplated against the applicant at the time his request for voluntary retirement was considered. However, there is no record to show that the appointing authority had applied his mind to the charges contemplated against the applicant and had come to the conclusion that in case those charges were proved, penalty of removal or dismissal from service would be warranted in this case. Moreover, the reason given in the impugned order for refusing the request of voluntary retirement is that applicant was not clear from vigilance angle. This was not any of the conditions mentioned in the DoP&T guidelines for refusing voluntary retirement. Hence, the impugned order does not appear to have been passed in accordance with the guidelines of DoP&T and is, therefore, unsustainable.
9. However, in this case, I notice that the applicant after passing of the impugned order has continued in service. This wa
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