HARISH CHANDRA GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution.

(2.) THE petitioner was appointed as overseer in the Irrigation Department by the Chief Engineer of the said department (nonpetitioner No. 2) on 14th September, 1959 and he continued to work on the said post till 21-2-1966, on which date he was relieved from the said post at his own request in pursuance of a resignation tendered by him on 16-1-1966. The case of the petitioner is that there was no lawful termination of his service as the resignation was not accepted by the competent authority. In fact, a departmental inquiry was held against him on certain charges and the inquiry continued till July, 1970. The inquiry ultimately terminated in his favour. On 30-12-69, the petitioner submitted an application for withdrawal of his resignation and for being permitted to resume his duties as an overseer. In reply he was informed that he could not be permitted to resume his service as he had tendered his resignation and had remained absent from duty for more than 80 days, vide Annexure 5. The petitioner has, therefore, filed this petition praying for a writ of mandamus directing the State Government and the Chief Engineer to repost the petitioner as overseer and award him all his dues.

(3.) THE non-petitioners, in their return, submitted that treating the letter of resignation of the petitioner, vide Annexure. R. 2, as one month's notice he was relieved from the department on 21-2-1966, and, therefore, he is not entitled to withdraw his resignation and to resume his duties as an overseer.