HARISINH GULAMSINH CUDASMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition is filed by the petitioner under Article 226 of the Constitution of India for quashing and setting aside the order of acceptance of resignation dtd. 29/10/2015 passed by respondent No.3 and for issuance of direction to reinstate the petitioner in service.

(2.) Short facts of the present petition are that the petitioner appointed as Armed Police Constable on 21/3/2001 and joined the service and training and he was transferred from Patan to Rajkot and after initiation of departmental inquiry, the petitioner was dismissed from the services. The petitioner had filed Special Civil Application No.4978 of 2009 for reinstatement him on service and, thereafter, he was reinstated in service and resumed his duty. It is the case of the petitioner that after reinstating in service, he was suffering from back pain and taking treatment and, therefore, he requested the respondent - authority to give him work in the office of LIB as he is studied upto LL.B (Special). That due to mental harassment and torture, the petitioner has given resignation and, thereafter, he made a representation to respondent No.3 and requested to orderly room considering his sickness, however, the respondent No.3 has not considered the representation and, thereafter, the respondent - authority has sanctioned his resignation. Hence, the present petition is filed.

(3.) Heard Mr.Hardik Shah, learned counsel appearing for the petitioner and Ms.Dharitri Pancholi, learned Assistant Government Pleader appearing for the respondent - State Authority. Perused the material on record.