Voluntary retirement requires explicit acceptance from the appointing authority and cannot be deemed effective solely based on a lack of response.

ORDER

By Mallika Arya, Member (A).

The applicant is challenging the chargesheet dated 03.05.2017 and is further seeking direction to the respondents to declare the applicant voluntarily retired w.e.f.07.01.2015 under Rule 48-A of the CCS (Pension) Rules, 1972.

2. The applicant has made the following submissions in his Original Application:

2.1 The applicant was initially appointed as Inspector in Customs, Central Excise & Service Tax Department with effect from 17.05.1993.

2.2 The applicant claims to have made an application for voluntary retirement on 07.10.2014. However, the same was not considered by the respondents in the prescribed time frame.. Earlier, the applicant vide his application dated 31.01.2014 (Annexure A-2) had also sought for voluntary retirement from the Government service. However, on 28.04.2014 (Annexure A-3), the Respondent No. 5, refused the voluntary retirement application made by the Applicant with the reasoning that the notice of voluntary retirement given by the Government servant needs acceptance by appointing authority under 48-A(2) of CCS Pension Rules 1972. It was also intimated that Commissioner is the Appointing Authority in the instant case and he has refused permission to grant voluntary retirement to applicant.

2.3 The applicant made a representation on 30.04.2014 (Annexure A-4) before the Respondent No. 5, requesting him to reconsider their decision communicated to him vide letter dated 28.04.2014 and to further accept the voluntary retirement application with effect from 30.04.2014.

2.4 The applicant again wrote a letter on 16.06.2014 (Annexure A-5) to the Respondent No. 5. However, without considering his request for voluntary retirement, the applicant received a letter dated 01.07.2014 (Annexure A-6) from the Joint Commissioner (P&V), Customs, Central Excise & Service Tax, Indore to apply for Earned Leave in the proper format to the competent authority for sanction of the same through proper channel.

2.5 Meanwhile, vide order dated 30.09.2014 (Annexure A-7), the applicant got promoted to the grade of Superintendent, Central Excise, Group- B. In pursuance to the same, the applicant submitted his joining report as Superintendent on 30.09.2014. After assumption of the charge of new post, once again on 7.10.2014 (Annexure A-8), the applicant made a fresh application for voluntary retirement to the respondent No. 5 mentioning his previous representations in the same regard. The applicant further requested that in case respondent No. 2 is the competent authority to accept his voluntary retirement application, his application may be forwarded to him for acceptance. He further made three correspondences on 15.10.2014, 30.10.2014 and 25.11.2014 in this regard. However, no response was received from the respondents.

2.6 The applicant did not resume his duties thereafter w.e.f.07.01.2015 as he was under bonafide impression that as per Rule 48-A of the CCS (Pension Rules), the voluntary retirement of the applicant would be deemed to have been given effect to, after lapse of a period of 3 months from date of serving the notice. The applicant once again wrote a letter dated 08.01.2015 (Annexure A-12) to the respondent No. 2 and further requested to release the retirement benefits. The applicant specifically stated in his letter about the expiry of the stipulated period of 3 months as provided under Rule 48A(2) of the CCS Pension Rules , 1972.

2.7 The applicant is in receipt of a leave sanction order dated 11.02.2015 (Annexure A-14) granting him leave from 01.04.2014 till 29.09.2014. The applicant states that none of his letters were responded to by the respondents. Meanwhile, the Respondent No. 4 wrote a letter dated 17.03.2015 (Annexure A-16)