DINESH PRASAD CHAURASIA Vs. MANAGING DIRECTOR AND OTHERS

JUDGEMENT

(1.) Petitioner, who was an Assistant Accountant in U.P. Forest Corporation, submitted resignation on 28th October, 1986. Regional Manager, who was the competent authority, has unconditionally accepted resignation on 30th December, 1998, which is under challenge in the present writ petition. Petitioner contends that he had already withdrawn his resignation on 28.2.1996, which was acknowledged by the Corporation vide letter dated 7.9.1998, and therefore, resignation could not be accepted, once it stood withdrawn.

(2.) Briefly stated facts, giving rise to filing of the present writ petition, are that petitioner was appointed as Junior Assistant on 26.4.1980 and was posted at Khatima, Nainital. It is claimed that he was then transferred to Pilihhit, Haldwani and Kumaun, within a period of four years, pursuant to which he joined. By an order dated 12th March, 1984, petitioner was deputed to perform temporary duty, relating to collection of Tendu Patta at Karvi Logging Division of U.P. Forest Corporation, but such orders were not complied, although advance was received for the purpose by the petitioner of Rs.500/ -. Petitioner was then transferred to Karvi Logging Division from Kumaun Region on 1.6.1984. It appears that petitioner did not join at Karvi, and remained absent from 6.4.1984 to 27.12.1984. A supplementary counter affidavit has been filed by the respondents alleging that petitioner applied for medical leave on 28.12.1984, whereafter matter was enquired, and the Corporation was informed that petitioner had opened a shop in the name of Roop Sringar in Nainital, and that he was in fact engaged in commercial activity. However, petitioner's medical leave from 6.4.1984 to 27.12.1984 was sanctioned. When petitioner reported for duty at Kumaun, he was informed on 2.1.1985 to report for duty at Karvi, as he had already been transferred, but the petitioner failed to join, and again remained absent from service for more than six months, and it was only on 12.7.1985 that he reported at Karvi Logging Division. Petitioner is stated to have again absented from duty from 5.8.1985, and a telegram was sent by the petitioner on 11.11.1985 stating that he was unable to continue with his service and that a resignation is being forwarded. Ultimately, a resignation was submitted by the petitioner on 28.10.1986, which came to be accepted by the Corporation after 12 years on 30 th December, 1998. It is, however, not in dispute that petitioner remained absent since 5.8.1985 onwards.

(3.) The statement made in the supplementary counter affidavit of the respondents about opening and running of business venture has been disputed on behalf of petitioner. Since such claims have been made by the respondents, during the course of hearing of the matter, and petitioner had no opportunity to submit a reply on such count, as such, no opinion is expressed by the Court on this aspect.