BRIJ BHOOSHAN MISHRA Vs. STATE OF MP

JUDGEMENT

(1.) THIS is a writ petition under Article 226 of the Constitution of India for quashing the order dated 25.10.1996 (Annexure P-5) by which the resignation of the petitioner has been accepted.

(2.) IT is not in dispute that the petitioner was appointed as a Lower Division Clerk by order dated 22.4.1995 (Annexure P-2). Clause (6) of the appointment order provided that either party would be entitled to terminate the service by giving one month's notice or one month's salary in lieu of notice. The petitioner submitted his resignation letter dated 5.10.1996. It was accepted by the impugned order dated 25.10.1996.

(3.) THE respondents' case is that the resignation of the petitioner has been validly accepted. It has been pointed out that the petitioner was virtually carrying on a medical shop during the employment.