SUMAN V JAIN Vs. MARWADI SAMMELAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned single Judge dated 8-8-2006 passed in Writ Petition No.1611 of 2004 by which the learned single Judge has dismissed the writ petition filed by the present appellant by upholding the order of the College Tribunal dated 30-4-2004 by which the Tribunal dismissed the appeal filed by the present appellant.

(2.) The appellant herein was discharging the duty of a Principal in B.M. Ruia Girls and G.D. Birla Girls College, run by the respondent No.1-Trust. The said college is affiliated to the respondent No.2-University. The appellant was appointed as the the Principal of the said College on 1-7-1992. Her appointment was subsequently approved by the University on permanent basis. It is the case of the appellant that the management of the respondent No.1-Trust was changed in December, 1998 and one Mr. Biani was appointed as the convener of the management and thereafter Mr. Biani started interfering in the day-to-day management of the College. The appellant, therefore, made a complaint against him. Subsequently, the appellant was subjected to a letter issued by one of the trustees of the respondent No.1-Trust on 5-3-2003 stating therein that a preliminary inquiry is required to be made against the appellant as there are several allegations against her. It is also the case of the appellant that because of the aforesaid aspect, her health started deteriorating and in view of her ill-health, she decided to give up her employment and, therefore, she tendered her resignation on 25-3-2003 and it was to take effect after the expiry of six months i.e. on 24-9-2003. It is also the case of the appellant that subsequently before the effective date mentioned in the resignation, she withdrew the said letter of resignation and requested the management to allow her to resume duty by writing a letter to that effect. By letter dated 10-9-2003 the respondent No.1 informed the appellant that she was not entitled to withdraw her resignation as the same was already acted upon and in that view of the matter her request to withdraw the resignation cannot be entertained.

(3.) Being aggrieved by the said decision of the management by which she was not allowed to resume her duties, the appellant filed an appeal before the College Tribunal at Mumbai. The Tribunal, by its order dated 30-4-2004, came to the conclusion that it was not open to the appellant to withdraw the resignation as the same was given in view of understanding between the parties that she will resign from the employment from a particular date and that, therefore, looking to the conduct of the appellant, the resignation in question was irrevocable and cannot be withdrawn as the same was given with the specific understanding to the effect that it is not to be withdrawn. The appellant carried the matter further by challenging the order of the Tribunal by way of filing writ petition being Writ Petition No.1611 of 2004. The learned single Judge by the impugned order dated 8-8-2006 dismissed the said writ petition by upholding the order of the Tribunal. The learned single Judge found that the Tribunal has drawn inference to the effect that there was a settlement arrived at between the parties whereby the appellant was not to withdraw her resignation letter. The learned single Judge came to the conclusion that the inference drawn by the Tribunal was on the basis of the correspondence between the parties and the Tribunal has drawn a plausible inference from the material on record.