Supreme Court of India · 2006-08-08
Ashok Kumar Sahu vs Union Of India & Ors
- Citation / case number
- AIR 2006 SUPREME COURT 2879
- Court
- Supreme Court of India
- Petitioner
- Ashok Kumar Sahu
- Respondent
- Union Of India & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Dalveer Bhandari
Judgment text excerpt
The Supreme Court held that the voluntary retirement of an Indian Police Service officer under Sub-rule 2A of Rule 16 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, is valid even if disciplinary proceedings are pending, provided the request is accepted by the appropriate authority. The Court emphasized that the acceptance of voluntary retirement must be communicated to the officer, and the lack of such communication prior to the intended retirement date does not invalidate the retirement. The Court upheld the officer's right to retire and ruled in favor of the appellant, allowing his voluntary retirement effective from 1.8.1997.