BIRENDRA KOCH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner after serving for a period of 16 years as Constable No.8896083 18th Battalion, Birpur, District Supaul, Bihar had submitted an application dated 26.08.2003 in terms whereof tendered resignation, in response whereof, respondent No.3 vide Memorandum No.18Bn/1-28/BPR/Resignation/03/13095-96 dated 09.10.2003 informed the petitioner that he should have served three months notice, that being so he has been informed that his resignation would be accepted w.e.f. 23.11.2003 (AN) i.e. after expiry of requisite three months.

(2.) Respondent No.2 Commandant vide Order No.18th Bn/1-28/RESIGN/03/15844-55 dated 26.11.2003 has conveyed that w.e.f. 23.11.2003, at his request, he has been released on resignation from service as such, has been struck off from the strength of the Battalion.

(3.) Smti. Prabina Koch wife of the petitioner had submitted an application to the Commandant (respondent No.2) on 7.2.2004 with a request not to accept the resignation letter dated 26.08.2003 submitted by her husband Shri Birendra Koch.