B. J. SHELAT vs STATE OF GUJARAT & ANR.

The Supreme Court interpreted Rule 161(2)(ii) of the Bombay Civil Services Rules, holding that the Appointing Authority must communicate its decision to withhold permission for voluntary retirement if departmental proceedings are pending. The Court clarified that while the right to retire is generally absolute, it can be restricted under certain conditions, such as suspension or pending proceedings. The Court upheld the dismissal of the appellant, affirming that the Government could take disciplinary action post-retirement if proper procedures were followed.