RAMESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) PRADEEP Kant, J. The petitioner has challenged the order passed by the District Development Officer, Sultanpur dated 26- 10-1995 contained in Annexure-8 to the writ petition by means of which the alleged resignation of the petitioner from service has been accepted.

(2.) THE petitioner was appointed in pursuance of the selection held on 28-4-1994 on a Class IV post i. e. , Sweeper and was posted in Vikas Khand Sangrampur vide order dated 6-5-1994. THE petitioner joined his services in pursuance of the aforesaid appointment order. Incidentally on 24-12-1994, it is stated that a resignation letter was submitted by him addressing to the District Magistrate, Sultanpur through Block Development Officer, Sultanpur. This resignation letter has been accepted by the District Development Officer, Sultanpur vide his order dated 24th October, 1995.

(3.) THESE two letters do not indicate any endorsement of receipt by any office. However, another letter dated 3-5-1995, which is addressed to the District Magistrate, Sultanpur, appears to have been sent by registered post and the photo copies of the postal receipts have been also brought on record. In this letter, the petitioner has raised his grievance against the ill conduct of the officer concerned which made him to rush to the concerned Police Station to get an FIR registered and to contact various other authorities so hat his resignation may not be accepted and he may not be allowed to suffer because of the illegal act of Opposite Party No. 3. Despite the aforesaid letters/representation made by the petitioner, against his submission of resignation, the District Development Officer, Sultanpur, has accepted the so-called resignation of the petitioner on 24th December, 1994 by means of his order dated 26th October, 1995.