S.K. SETH Vs. RITES LTD

JUDGEMENT

(1.) By invoking the jurisdiction under Articles 226 and 227 of the Constitution of India, the petitioner has assailed orders dated 6th September, 2011 and 22nd November, 2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal) in OA No. 4191/2010 and RA No. 381/2011 in OA No. 4191/2010 respectively. The Tribunal by virtue of the impugned order dated 06.09.2011 had dismissed the Original Application filed by the petitioner thereby upholding the order withdrawing the acceptance of resignation (tendered by petitioner) issued by the respondent No. 1, RITES Ltd.

(2.) The brief facts giving rise to the instant petition are as under:-

(3.) In a nut shell, the case of the petitioner is that the respondent No.1 had accepted his resignation on 05.10.2010 though with effect from 25.10.2010 and hence, the respondent would be bound by the acceptance and could not withdraw it at a subsequent date. The learned counsel for the petitioner further contended that when the authorities concerned accepted the resignation of the petitioner, at that very moment the relationship of employer and employee was severed and the action of the respondent No. 1 in issuing a corrigendum dated 22.10.2010 for withdrawing its acceptance would be no consequence and was wholly vitiated. The counsel submits that the petitioner was relieved from his duties by the respondent No. 1 w.e.f. 25.10.2010 and thereafter he demitted office.