DR. BALJIT SINGH versus STATE OF HARYANA

DR. BALJIT SINGH versus STATE OF HARYANA

Since serious offences are pending trial against the petitioner, the government rightly refused to permit voluntary retirement. Expiry of the notice period does not by itself end the employment relationship; acceptance by the employer is required.

Parties
Petitioner: Dr. Baljit Singh; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
09 December 1996
Procedural Posture
Special Leave Petition (civil) / Dismissal by Supreme Court
Outcome
Petition dismissed
Legal Topics
Voluntary Retirement, Disciplinary Proceedings, Employer Employee Relationship
Service Law Voluntary Retirement Disciplinary Proceedings Employer Employee Relationship

Case Brief

Summary, issues, holding and outcome

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Parties

Dr. Baljit Singh

Petitioner

State of Haryana

Respondent

Procedural Posture

Special Leave Petition (civil) / Dismissal by Supreme Court

Legal Issues

  1. 1 Whether mere expiry of three months' notice for voluntary retirement ends the jural relationship between government and employee
  2. 2 Whether a government employee can retire voluntarily when criminal proceedings are pending against him

Ratio Decidendi

Since serious offences are pending trial against the petitioner, the government rightly refused to permit voluntary retirement. Expiry of the notice period does not by itself end the employment relationship; acceptance by the employer is required.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed