LAWS(GJH)-2008-11-12

PATE BIPINKUMAR BHAILALBHAI Vs. UNION OF INDIA

Decided On November 10, 2008
PATE BIPINKUMAR BHAILALBHAI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to direct the respondent - authorities to reinstate him on his original post with continuity of service and full back wages.

(2.) THE facts in brief giving rise to the filing of the petition are as under;

(3.) HEARD learned counsel for the respective parties and perused the documents on record. Looking to the evidence on record, more particularly, the averments made in the reply filed by respondent no. 3, it appears that the petitioner had voluntarily left the services of respondent no. 3. There does not appear to be coercion of any nature or kind from the respondents, which might have compelled the petitioner to tender his resignation at the relevant point of time. In my opinion, the issue regarding tendering of the resignation by the petitioner at the relevant point of time appears to be taken purely in a sound state of mind and without any force or coercion. Therefore, I do not find any reasons to interfere in this petition in exercise of powers under Article 226 of the Constitution of India.