JAYWANT BHAGUJI GADEKAR Vs. BALALESHWAR SHIKSHAN MANDAL

JUDGEMENT

(1.) We have heard learned counsel for the parties.

(2.) This appeal by special leave is directed against the judgment and order dated 10.06.2003 passed by the learned Single Judge of the High Court of Judicature at Bombay in Writ Petition No.6046 of 2002 whereby the High Court has set aside the order of the Tribunal and held that once the petitioner has sent the letter of resignation and the same has not been withdrawn, therefore, it becomes final and the view taken by the Tribunal was not correct. Aggrieved against this order the petitioner filed a Letters Patent Appeal but it was rejected on the ground that it is not maintainable. Hence the petitioner has approached this Court by way of a special leave petition challenging the order of the learned Single Judge dated 10.06.2003. Leave was granted by this Court.

(3.) The brief facts which are necessary for the disposal of this appeal are that the appellant was appointed as Assistant Teacher in the Balaleshwar Shikshan Mandal against a clear and permanent vacancy on probation. Certain complaints were received against the appellant from the students regarding his misbehaviour. In the wake of these complaints, the appellant tendered conditional resignation on 16.08.1998.