AJIT KUMAR MOITRA Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) The present writ petition has been moved on May 12, 1992, praying for the following reliefs:

(2.) It appears that the Petitioner being aggrieved by the charge -sheet, has come up to this writ Court seeking for the reliefs as mentioned above. It is stated in detail that the Petitioner, who had been the Chairman -cum -Managing Director of the National Jute Manufacturers Corporation of India (N.J.M.C.), has since tendered his resignation on health ground and his resignation letter has been accepted. It is emphasized that the charge -sheet has been served prior to the acceptance of the resignation and in view of Rule 11(b), of the Service Rules and Regulations, 1992, by which Petitioner's service condition is guided, resignation tendered by an employee shall not become effective till it is accepted by the N.J.M.C. and the acceptance thereof is communicated to the employee concerned. The N.J.M.C. shall have the right to refuse, for reasons to be communicated to the employee in writing, to accept resignation in a case where any disciplinary proceedings against the concerned employee is contemplated or has been initiated or is pending.

(3.) It is argued on behalf of the Petitioner that the N.J.M.C. cannot accept resignation on certain conditions as done in the instant case. However, considering all the aspects of the matter, this Court directed the parties to complete and file the affidavits and an interim order was made to the extent that the proceedings pursuant to the charge -sheet will proceed in accordance with law giving all opportunities to the Petitioner to defend and on complying with principles of natural justice the final order may be made, communicated to the Petitioner, but no effect should be given thereto without the leave of the Court. Petitioner was permitted to remain in the quarters for eight weeks on payment of usual charges, but was not permitted ui enjoy the other facilities while in service. Time to further reply to the charge -sheet was extended for a fortnight and Ministry of Textiles, Union of India, was directed to appoint an Enquiry Officer.