LAWS(DLH)-2012-3-92

DINESH KUMAR MISHRA Vs. UNION OF INDIA

Decided On March 01, 2012
DINESH KUMAR MISHRA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) ON February 15, 2012, learned senior counsel for the appellant had made a statement that if, upon appellant tendering a resignation, Kendriya Bhandar would accept the same, the appellant would not press the appeal provided further the order terminating service of the appellant is withdrawn.

(2.) WHILE on probation, service of the appellant was terminated vide order dated May 11, 2011, which we note is a non-stigmatic order.

(3.) LEARNED counsel for Kendriya Bhandar states that as per instructions received by him under cover of a letter dated February 25, 2012, his client is agreeable to consider the offer and states that if the appellant were to tender a resignation with retrospective date i.e. May 11, 2011, at the next board meeting of Kendriya Bhandar, the Directors of Kendriya Bhandar would favourably consider the resignation letter submitted by the appellant and would certainly keep in mind that by doing so, no prejudice would be caused to Kendriya Bhandar and the desire of the appellant would be simultaneously satisfied. In said eventuality, learned counsel states that Kendriya Bhandar would withdraw the non-stigmatic order under which services of the appellant, while on probation, have been terminated.