1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-
"(A) Be pleased to allow this petition.
(B) Be pleased to issue appropriate writ, order or direction, quashing and setting-aside the illegal and arbitrary action on the part of the concerned respondent authorities in not taking any decision upon the application dated 2.3.2009 seeking voluntary retirement and be pleased to issue appropriate writ, order or direction, directing the concerned respondent authorities, precisely respondent No.3, to consider the application made by the petitioner dated 2.3.2009 seeking voluntary retirement and to take appropriate decision upon the same in the aforesaid peculiar facts and circumstances of the case."
2. In response to the notice issued by this Court, Mr.Niraj Ashar, learned A.G.P. and Mr.Rajesh Chauhan, learned counsel for Mr.H.S. Munshaw appearing for respondent No.1 and respondent Nos.2 and 3 respectively.
3. Mr.Chauhan, learned counsel, on instructions, submitted that, in fact, after the chargesheet was issued way back in the month of April, 2009, as many as four opportunities were given to the petitioner to appear and to file reply to the same. Still however, except filing the reply and attending the hearing once, the petitioner has not co-operated with the inquiry and the inquiry was required to be concluded. Mr.Chauhan, learned counsel further submitted that at present, notice is issued for imposing penalty.
4. Considering the above facts, Mr.Majmudar, learned counsel appearing for the petitioner submitted that in response to the said notice, the petitioner shall approach the concerned respondent-authorities with proper further reply on 05.03.2012.
5. In view of the above, if such a reply is filed and if the petitioner remains present as per the statement made on behalf of the petitioner, the respondent-authorities shall consider such reply as well as give opportunity of being heard to the petitioner before taking any final decision.
6. With the above observations, the petition is disposed of. No order as to costs. Notice is discharged.
(R.M.CHHAYA, J.) Hitesh Top