NIRMAL VERMA Vs. MCD

JUDGEMENT

(1.) Petitioner-Nirmal Verma, has filed this writ petition, seeking quashing of impugned order bearing No.SRC/256/AEO/Admn./02 dated 31st May, 2002, by which her request for withdrawal of resignation was rejected. Petitioner also assails order bearing No.D/6242/AEO/KBZ/03 dated 10th March, 2003, by which her representation, seeking reconsideration of order dated 31st May, 2002 was not entertained.

(2.) Petitioner was working as a Head Mistress of M.C.Primary School, Dasghara-I, Delhi of the respondent/MCD. She was bitten by the bug to join politics. She sought permission to contest election as Councillor of MCD. Vide letter dated 24th May, 2002, petitioner tendered her technical resignation, since a person holding an office of profit, was barred from contesting municipal elections. Respondent accepted her resignation with immediate effect, vide order No.D/AEO/Admn./114/2002. As fate would have it, petitioner, who contested as a BJP candidate, lost the election. Petitioner by letter dated 1st April, 2002, sought permission to be permitted to withdraw the technical resignation, so that she could join back her duties at the earliest. It was on the aforesaid letter that respondent passed the impugned order dated 31st May, 2002 (Annexure P-1). The Office order is a short one and may be reproduced for facility of reference:- OFFICE ORDER Reference to your application dated 01.04.2002, requesting for withdrawal of resignation from the post of H.M. In this regard, it is inform you that your request of withdrawal of resignation has been turned down by competent authority. Because your's resignation was accepted for your participation in politics. Due to this participation in politics you become ineligible for job under Rule 5 of the CCS (Conduct) Rules. This issues with prior approval of the competent authority. Sd/- 31.5.02 Asst.Education officer (Admn

(3.) The representation made thereafter, seeking reconsideration of the petitioner's case was also of no avail and was not entertained, as communicated by Annexure P-2.