Supreme Court of India
State of U.P. & Ors v. Luxmi Kant Shukla
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What the Court ordered
In the result, the appeal is allowed and the impugned F judgment is set aside and the writ petition (C.M.W.P. No.05 (S/ B) of 2010) challenging the rejection of respondent's request for voluntary retirement is dismissed.
Judgment, page 15
From the headnote
U. P. FUNDAMENTAL RULES, 1942: . R. 56 (c) and (d), proviso (i)(ii) proviso - Effect of c notice for voluntary retirement given by employee to employer pending disciplinary proceedings - Held: Such notice would be effective only if it is accepted by the appointing authority - In the instant case, the officer gave notice for voluntary retirement during pendency of disciplinary 0 proceedings against him ~ Since no order of acceptance was passed by the appointing authority, the officer continued in service even after the period of notice of three months expired in August 2009 and his,services
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