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SANJAY KUMAR MEDHI
Amal Kumar Laha S/o Late Ashwini Kr. Laha – Appellant
Versus
State of Assam – Respondent
1. Both the writ petitions being connected and filed by the same petitioner, an analogous hearing have been conducted and the same are being disposed of by this common judgment and order.
2. The facts projected by the petitioner are that he was serving as an Anaesthetist in the Health Department and was appointed in the year 1983. In course of his service, he was transferred to the Fakhruddin Ali Ahmed Medical College & Hospital, Barpeta on 28.06.2013. At that time, the petitioner has also faced a Departmental Proceeding which however was closed vide an order dated 25.06.2015 with a penalty of ‘Censure’ being imposed. On 28.12.2017, the petitioner had submitted an application seeking Voluntary Retirement. It is contended that such application was under the provisions of F.R. 56(c). It is the specific case of the petitioner that there was no communication in response to the said application and accordingly by the deeming provision of the aforesaid provision of law, the application for Voluntary Retirement was held to be accepted after expiry of 3 (three) months. Long thereafter, on 27.02.2019, a Show Cause Notice was issued to the petitioner whereby he was directed to submit his sta
The main legal point established is the deemed acceptance of a government servant's Voluntary Retirement application under F.R. 56(c) if not rejected within the prescribed period, and the jurisdictio....
The court reaffirmed that once an application for voluntary retirement is submitted and the conditions are met, it is deemed accepted unless explicitly rejected within the stipulated time, and prior ....
Point of law: if the application for voluntary retirement would have been accepted by the appointing authority on the subsequent representation moved by the petitioner, he would have retired from ser....
The right to voluntarily retire under Rule 56(k) is deemed accepted if no communication is made to withhold permission before the notice period expires.
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