STATE OF U P Vs. LAKHAN SINGH

JUDGEMENT

(1.) IF voluntariness is the primary requirement in all actions concerning a document which is termed as 'resignation letter', it should follow that the voluntariness should be explicit from the initial stage of writing of the said letter and extend to the voluntary action of tendering the same to the concerned authority or his agent.

(2.) THE controversy in the instant writ petition shall be correctly answered if there be no confusion about the steps which have to be taken and things which may intervene between writing of it on the one hand and submitting the same on the other. In case it is found that there is ab solute absence of any proof of voluntarily tendering of the resignation letter, the mere writing of it should never be taken to be a voluntary conduct of resigning from the post of the person concerned.

(3.) THE relevant finding of the Tribunal should be quoted here: "Considering the contents of the resigna tion and the surrounding circumstances I hold that the resignation of the petitioner was unfair ly accepted contrary to the spirit of Section 9 of the Police Act and para 505 of the Police Regulations. Such and acceptance cannot be considered lawful or valid. Hence, the applica tion of the petitioner dated 22nd June, 1980 operates as valid withdrawal of the notice and the petitioner has to be treated in service."