NIRMALYA DATTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This petition has a chequered history. Briefly stated the facts are as under:

(2.) In the meantime, since the Department had not sanctioned the petitioner's study leave, there was a dispute between the two sides about the manner in which the petitioner's absence from duty should be treated.

(3.) The petitioner received a job offer from a private company at Kolkata and wanted to join the service in the said company. The petitioner, therefore, wrote to the department on 25.05.1994 that he may be released from service with effect from 25.04.1994. Once again on 08.07.1994, the petitioner wrote to the department and conveyed that since the department had not issued his release order, he was unable to join the private employment and therefore, he had decided to withdraw his earlier letter of resignation. It is an admitted position that pursuant to the said letter dated 08.07.1994, the department did not take any steps. Neither was the petitioner informed that he could not withdraw a resignation previously tendered, nor was he allowed to withdraw the resignation. It is also an admitted position that whatever the stand of the petitioner and the action or inaction on part of the department, after May, 1994, the petitioner did not perform his duties.