DHARITRI BARMAN Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) The writ petitioner, joined as an officer in Grade -III of the Assam Judicial service, on 17.04.2002. Thereafter, she served in various places under the jurisdiction of this High Court. On being promoted, she joined, on 1.7.2012, as Addl. CJM, Goalpara and continued in the said post till her resignation from the service. According to the petitioner, she being unable to bear with various personal problems, relating to her family life, decided to relinquish the job and accordingly submitted her resignation letter, on 3.10.2012. Her said letter was forwarded to the High Court by the controlling officer i.e. the District and Sessions Judge, Goalpara and she left for Guwahati, on 5.10.2012, to join the members of her family. On 6.10.2012, in the evening hours, the District Judge, Goalpara telephonically informed her that the resignation letter was accepted by the High Court. On 8.10.2012, at about 3 p.m., she met the Registrar General of the High Court and submitted a letter of withdrawal of her resignation, but, she was asked by the Registrar General to proceed to Goalpara and hand over charge. She was also informed, by the Sub -Divisional Judicial Magistrate (S), Goalpara, that a corrigendum was issued by the Registry of this Court, directing her to hand over charge to the SDJM. Accordingly, on 8.10.2012 at 11 p.m. she handed over charge of her office.

(2.) According to the writ petitioner, due to her mental anxiety, she failed to notice that, in the charge handing over letter (form) the date and time were written as '8th October, 2012, at 10 -30' a.m. According to the petitioner, due to pressure of various problems, she had whimsically submitted the resignation letter and that, her application for withdrawing the resignation being submitted before handing over the charge, she was entitled to withdraw her resignation.

(3.) Mr. H.P. Barman, learned counsel, appearing for the appellant, has submitted that the petitioner, due to her certain personal problems, including her illness, she had whimsically decided to tender resignation letter dated 3.10.2012. It is submitted that, she, realizing her mistake and considering the responsibility she has to shoulder, in maintaining her family, petitioner immediately decided to withdraw her resignation letter and accordingly she personally approached the Registrar General and submitted the withdrawal letter, but she was not informed about the fate of her resignation letter. The learned counsel, appearing for the petitioner, has also submitted that, on being directed by the High Court and in pursuance to the corrigendum, dated 8th October, 2012, she rushed to Goalpara and handed over the charge, on 8.10.2012 at 11 p.m., after submitting her withdrawal letter, in the High Court at about 3 p.m. The learned counsel has further submitted that it is not correct that she has handed over the charge at about 10 -30 a.m.