2025:UHC:4104-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE JUSTICE SRI MANOJ KUMAR TIWARI AND HON’BLE JUSTICE SRI ASHISH NAITHANI Writ Petition (S/B) No. 184 of 2019 Ramesh Chandra -Petitioner Versus State of Uttarakhand and Others --Respondents -------------------------------------------------------------------- Presence:- None turns up on behalf of the petitioner. Mr. G.S. Negi, learned Additional C.S.C. for the State of Uttarakhand. Mr. Parikshit Saini, Advocate for the Management. -------------------------------------------------------------------- The Court made the following: JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari) Petitioner was initially appointed as Assistant Teacher, C.T. grade in Janta Inter College, Sultanpur, District Haridwar in the year 1985. The said college is receiving aid from the State Government up to High School level, however intermediate section of the college reportedly is not receiving any financial aid. 2. From the record it is revealed that petitioner was promoted as Assistant Teacher, L.T. grade in the year 1992 and thereafter as Principal/Head Master w.e.f. 01.07.1994. On 04.08.2012, petitioner made an application, seeking voluntary retirement. His request, however, was turned down by Chief Education Officer, Haridwar, vide order dated 19.09.2013, on the ground that a criminal case under Sections 420, 467, 468 and 471 of Indian Penal Code, 1860 ( in short, “IPC”), is pending against him. 3. Mr. Parikshit Saini, learned counsel appearing for the Management, submits that petitioner managed to get appointment as Assistant Teacher based on a forged Educational certificate, alleged to have been issued in his favour by Gurukul Vishwavidyalaya Vrindavan, Mathura. He submits that petitioner claimed that he had passed ‘Pandit’ Examination from the said Vishwavidyalaya, which according to petitioner was equivalent to ‘Intermediate’, however, when 1 2025:UHC:4104-DB he was asked to produce original certificate, photo-copy whereof he had supplied at the time of appointment, he could not produce the original certificate. Therefore, an FIR was lodged against him by the Management under Sections 420, 467, 468 and 471 of IPC, and petitioner thereafter sought voluntary retirement. 4. Mr. Parikshit Saini, learned counsel appearing for the Management, points out that petitioner anyhow succeeded in getting the Criminal Case No. 149 of 2014, pending before Additional Chief Judicial Magistrate, Rishikesh, District Dehradun under Sections 420, 467, 468 and 471 of IPC, withdrawn by the State Government under Section 321 Cr.P.C., and the concerned Magistrate closed the matter on 13.01.2016 and three years after withdrawal of the prosecution against him, petitioner filed this Writ Petition challenging rejection of his request for voluntary retirement, by contending that the ground taken for rejecting his request in the order dated 19.09.2013, does not exist anymore. 5. This Court is not inclined to interfere in the matter. Voluntary retirement cannot be claimed as a right, especially when there is a criminal case pending against an employee. Thus, rejection of petitioner’s request cannot be faulted. However, after withdrawal of prosecution against him, the situation has changed. We therefore dispose of the writ petition with liberty to petitioner/his regal representatives to make representation to the Chief Education Officer for redressal of grievances. If such representation is made, decision shall be taken thereupon within four months from date of its receipt. _______________________________ MANOJ KUMAR TIWARI, J. __________________________ ASHISH NAITHANI, J. Dt: 19th May, 2025 Shiksha 2 SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fb d40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B528 3D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.05.20 17:29:08 +05'30'