PABITRA THAKURIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This is a case challenging the so-called resignation of the petitioner and throwing out Mm from the service. The petitioner was a Waiter in the Rajbhawan, Aizawl and it is stated that he resigned from service while on leave, it was accepted on 18.1.93. This is disputed by petitioner and it is stated to be fake and forged. He availed his leave from 12th of January, 1993 for 45 days and that leave was granted. He left for his home near Nalbari in Assam. During this period of leave itself it is stated that a letter of resignation vide Annexure-8 was sent from Village-Niznamati under Police Station- Barama within the district of Nalbari and it is stated to be sent on 16.1.93. The date and place from where it is sent is typed out in English in the resignation letter. The whole resignation letter is in English stated to be sent on 16.1.93 and the resignation was accepted on 18.1.93 itself. It is submitted by the learned counsel for the petitioner that this letter of resignation is a fake and forged one and the petitioner did never sent such a letter of resignation and it'was fabricated by the authority of Rajbhawan, Mizoram, Aizawl to throw out him from service for some ulterior purpose as detailed in the writ application. It is submitted, resignation to be valid must be voluntary and genuine. A person can not be thrown out from service by creating a false and fake resignation letter.

(2.) I have heard Shri A.S. Choudhury, learned Advocate for the Respondents Nos. 1 and 2. On perusal of the materials on record I am satisfied that Annexure-8, the so-called letter of resignation was never sent by the petitioner from Niznamati to Rajbhawan, Mizoratm. Even if a letter is posted from Barama on 16.1.93 it can never reach the Bajbhawan, Mizoram on 18.1.93 by post. Even if it be carried by a person then also the same can not reach Rajbhawan within 48 hours.

(3.) On that view of the matter Annexure-8 appears to be fake, false and forged. It shall stand quashed and the petitioner shall be deemed to be in service all along. The petitioner shall be allowed to resume his duties immediately. A copy of this order shall be furnished to the learned Advocate for the petitioner to take steps in this regard. The petitioner shall obtain a certified copy of this order to produce before the appropriate authority to do the needful in terms of this order.