TMI Blog2006 (2) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... the Appellant, when he was called to the office of the Superintendent of Police on 29.05.2000, filed an application wherein he, inter alia, expressed his intention to go for voluntary retirement with effect from 31.08.2000 in the following terms : Most respectfully I want to bring in your kind notice that on 19.8.1999 at about 9 P.M. I received an VT on wireless set from previous worthy S.P. Shri O.P. Singh IPS Hisar that, three unknown culprits covering their mouth riding on an matiyala scooter round up these. 2. That at that time I was present along with police party near Puspa Complex near Dabra Chowk Hisar. 3. That above culprits come on above scooter towards ply over the turned in sector 13A Hisar Shopping Center I covered these in Sector 13 while running behind these might right leg gone in sewerage dip and I got fracture. 4. That on 19.8.99 I was admitted in G.H. Hisar remained in G.H. Hisar up to 4.10.1999 and got 15% disability on 1.3.2000. I am still under treatment. 5. That now I feel lackness in my right leg and now I want to go on retirement from 31.08.2000. Allegedly, thereafter he was absolved of the charges framed against him in the departmental ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cifically mentioned that the petitioner would be permitted to proceed on voluntary retirement w.e.f. 31.8.2000 i.e. after the expiry of the notice period, therefore, the deponent was very well aware of the fact that as per the provisions of the Rules the application of the petitioner for seeking voluntary retirement could be allowed after the expiry of the notice period. It was further pointed out : That some of the above-mentioned facts and circumstances and orders passed by the deponent in the case of the petitioner have deliberately been not brought on record by the petitioner to suppress the material facts from this Hon'ble Court and with a view to play fraud upon the Court. The story of the petitioner is totally belied from the fact that he has himself sworn an affidavit duly signed by him, dated 1.9.2000, that he has proceeded on voluntary retirement, whereas in the present writ petition his own case is that he had made an application on 24.8.2000 for withdrawal of the voluntary retirement. It has been further mentioned by the petitioner that his letter dated 24.8.2000 was signed by the Line Officer, Police Lines, Hisar. It is respectfully submitted that though th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I was working as Lines Officer, Police Lines, Hisar on 29.5.2000. An application for seeking retirement w.e.f. 31.8.2000 was submitted by HC Himat Singh (Petitioner) which was forwarded by the deponent on the very same day and handed over to the petitioner on his request which was submitted by him personally before the then Superintendent of Police, Hisar-Sh. Sandeep Khirwar, I.P.S. 2. That similarly an application for cancellation of voluntary retirement dated 24.8.2000 addressed to the Superintendent of Police Hisar as put up before me by the petitioner and the same was also forwarded and handed over to petitioner by me on his personal request on the same day. The High Court on consideration of the entire matter was of the opinion that the contentions of the Respondents are correct holding : it is not possible for us to record a finding of fact that the petitioner actually communicated the application dated 24.8.2000 withdrawing the request for retirement to the Lines Officer, Police Lines, Hisar, for onward communication to the Superintendent of Police, Hisar Upon taking into consideration the affidavit affirmed by the Appellant on 01.09.2000 wherein he categor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s dispatched which are not entered in any other book. (2) When any entry is made in the receipt columns the corresponding dispatch column shall be left blank for the reply and vice versa. This register is a receipt and dispatch register and is not meant as a record of the full correspondence. Correspondence received and not meant to be forwarded or returned shall be filed in monthly files. These shall be destroyed after two years. (3) In Part II the receipt and return of processes shall be entered. Processes include (a) Summonses to appear or to produce. (b) Warrants of arrests. (c) Search warrants (d) Orders of proclamation, attachment, injunction or otherwise under sections 87, 88, 95, 99, 133, 140, 143, 144 and 145, Code of Criminal Procedure. Warrants in all non-cognizable criminal cases and summonses in non-cognizable criminal cases in which Government is the complainant are served through the police. On the last day in each month a statement giving the following information shall be entered in the daily diary and sidelined in red ink :- (a) The number of warrants remaining un- executed at the end of the previous month, received and execut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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