SANKER DUTT SHUKLA Vs. PRESIDENT MUNICIPAL BOARD AURAIYA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution praying that (a) writ of certiorari be issued quashing the order of the President dated 31-3-1955, (b) a writ of mandamus be issued directing the opposite parties not to prevent the petitioner from performing his duties as the Superintendent of the Municipal Beard.

(2.) The petitioner was working as the Superintendent of the Municipal Board, Auraiya, in the district of Etawah. Certain charges were framed against the petitioner by the President of the Board. After the said charges had been investigated, they were ultimately dropped on 27-9-1954. On 24-2-1955, a letter, which purports to have been received by the general clerk of the Board in the office of the Board on that date was written by the petitioner. The letter reads as follows:

(3.) It is alleged in the affidavit filed in support of the petition that the letter of resignation was obtained under undue influence & by fraud & could not be effective. A counter-affidavit has been filed in which the allegations of undue influence and pressure have been denied. The petitioner in his arguments has urged that he had a legal right to withdraw the letter which is said to have been handed over to the President on 24-2-1955, before 1-4-1955 after which it was to become effective.