LAWS(KAR)-2023-10-80

D VENKATESH Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

Decided On October 30, 2023
D Venkatesh Appellant
V/S
REGISTRAR OF CO OPERATIVE SOCIETIES Respondents

JUDGEMENT

(1.) This intra-court Appeal is seeks to call in question a learned Single Judge's order dtd. 13/10/2022 whereby 6th Respondent's W.P.No.24350/2021 the Resolution dtd. 30/11/2021 has been set at naught. The operative portion of the order makes the matter evident:

(2.) Learned counsel for the Appellant argues that the earlier Resolution dtd. 30/11/2021 which accepted resignation of the Appellant was rightly withdrawn at the instance of Appellant's wife and therefore, the same could not have been set aside at the instance of the Writ Petitioner who happens to be the 6th Respondent herein.

(3.) Having heard the learned counsel for the Appellant and the learned Additional Government Advocate appearing for the official Respondents and having perused the Appeal papers, we decline indulgence in the matter broadly agreeing with the reasoning of the learned Single Judge. Resignation is a voluntary act on the part of an employee by which he seeks to leave the service to which he is appointed. An employee who has tendered resignation voluntarily, is entitled to withdraw the same before it is accepted, unless the Service Rules otherwise provide. Even if the acceptance of resignation is not communicated to the employee, it makes no difference. Once the resignation is offered and the same is duly accepted by the competent authority, resignation is complete & irrevocable, subject to all just exceptions.