Supreme Court · 2011 INSC 597 · Decided 19 August 2011

State of U.P. & Ors v. Luxmi Kant Shukla

Court
Supreme Court of India
Citation
2011 INSC 597 · [2011] 10 S.C.R. 531
Case number
CIVIL APPEAL No. 7105/2011
Decided
19 August 2011
Bench
R.V. RAVEENDRAN, A.K. PATNAIK (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

U. P. FUNDAMENTAL RULES, 1942: A B F. R. 56 (c) and (d), proviso (i)(ii) proviso - Effect of c notice for voluntary retirement given by employee to employer pending disciplinary proceedings - Held: Such notice would be effective only if it is accepted by the appointing authority - In the instant for voluntary retirement during pendency of disciplinary 0 proceedings against him ~ Since no order of acceptance was passed by the appointing authority, the officer continued in service even after the period of notice of three months expired in August 2009 and his,services were terminated only

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