SATYENDU MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has approached this Court ventilating his grievance against the respondents stating that he has tendered his resignation on 19-2.-2008, which was immediately withdrawn by him but by the impugned order dated 1-4-2008, the same has been accepted, therefore, the right of the petitioner to remain in the employment after withdrawal of his resignation has been jeopardised and as such the order impugned is liable to be quashed. It is contended that the petitioner was appointed in the services of the respondent No. 2 and was discharging his duties diligently. However, because of the bias and prejudice in the mind of the then Director of respondent No. 2, certain actions were initiated against him. His wife was expecting a child and during the time when she was hospitalized with a complaint of major complication, the petitioner was required to visit his wife. He requested for grant of leave but that was refused with an ulterior motive and on account of sheer frustration, the petitioner tendered his resignation immediately. When he visited his wife, he was advised not to behave like this and ultimately he immediately made an application on 19-2-2008 itself seeking permission to withdraw the resignation made on the very same date. Such a document was sent by certificate of posting, which was duly received in the office of the respondent No. 2. Yet, instead of permitting withdrawal of the resignation, the same was accepted w.e.f. 29-2-2008 by the impugned order dated 1-4-2008. It is contended that this being so, the mala fides of the respondents are writ large and as such the order impugned is bad in law and is liable to be quashed.

(2.) REFUTING such allegations made by the petitioner, a detailed return has been filed. It has been stated by the respondents in their return that the fact relating to making of resignation was well within the knowledge of the petitioner and he was very much aware of the fact that if the resignation is accepted, he will be out of the employment. Despite this, when the dues were offered to him, he accepted the same without any demur. It is contended in the return in detail that the petitioner was called upon to handover the charge of his post, which he handed over to another person serving in the institution on 4-4-2008. This itself is indicative of the fact that petitioner had never withdrawn the resignation. In fact the documents were concocted by the petitioner to show as if the resignation was withdrawn. The entries made in the official documents were all manipulated because the petitioner was having such documents in his custody or within his approach. There was no occasion to withdraw the resignation and only after its acceptance, the story is concocted by the petitioner that the resignation was in fact withdrawn. Had it been the case that the resignation is withdrawn with immediate affect, the petitioner would have given the joining in the month of February, 2008 itself. He had not appeared for work even in the months of February and March, 2008 and ultimately handed over the charge of the post after communication of letter of acceptance of resignation on 4-4-2008, therefore, it is clear that the document of withdrawal of resignation was never communicated to the respondents. If there was no communication of any application of withdrawal of resignation and if the resignation is accepted from the date, it was meant for, nothing wrong was committed by the respondents. It was further contended that there were in fact serious lapses on the part of the petitioner for which a departmental enquiry action was initiated. The petitioner was fully aware of the fact that ultimately he is going to be punished and this being so, he left the job voluntarily, which was duly accepted by the respondents in accordance to law and, therefore, nothing wrong is committed by the respondents. It is contended that the writ petition is wholly misconceived and deserves dismissal.

(3.) HEARD learned Counsel for the parties at length and minutely examined the records.