SHRI N.C. JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner-Sh.N.C. Jain who was appointed by the respondent No.2/Cement Corporation of India as a Director (Marketing) vide appointment letter dated 14.12.1994. Petitioner seeks the relief of quashing of the chargesheet dated 23.7.1996 on the ground that the chargesheet could not be issued in terms of Para xii(b) of the appointment letter dated 14.12.1994. It is argued that the petitioner submitted his resignation vide letter dated 27.10.1995 and therefore since on this date no disciplinary proceedings were pending nor was a decision taken to issue a chargesheet to him, the petitioner's jural relationship as an employee with the respondent No.2-employer came to an end on 27.10.1995 inasmuch as the petitioner had prayed to be relieved immediately by adjusting the earned leave with three months notice pay.

(2.) ON behalf of respondent No.2, it is contended that interpretation of para xii(b) as urged on behalf of the petitioner that the petitioner is deemed to have resigned from his services forthwith w.e.f 27.10.1995 is quite clearly fallacious for the reason that if such an interpretation is permitted, every employee who knows that he is to be proceeded against for departmental action, will forthwith give his resignation and the employer will not be able to take action against him.

(3.) IT is not disputed that the petitioner submitted his resignation letter dated 27.10.1995 and the same reads as under:-