BIPIN CHANDRA THAKURIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) ON 9.11.70 the Petitioner was appointed as a Forester -1 by the Divisional Forest Officer, Nowgong, and he worked at various places and also got logging training. It is alleged that while he was posted at North Lakhimpur Division he was subjected to all kinds of harassment, such as his pay was held up, he was suspended and thereafter reinstated after departmental proceedings and his leave was also not regularised. Out of frustration on 11.7.79 the Petitioner submitted his resignation from the service. The resignation letter is at Annexure 'I ' to the petition and is reproduced below:

(2.) BEFORE this Court no affidavit -in -reply has been filed on behalf of Respondents. Mr. Sarma, the learned Government Advocate tried his best to defend the Respondents before us without any such affidavit.

(3.) THE first question to be decided is whether the registration letter dated 11.7.79, which has been reproduced, can be treated as resignation from service or not. If we have a close look at the letter we find that this was a protect for the alleged harassment of the Petitioner by his superior officers. Government being an ideal employer, it was the duty of the superior officers to find out the cause of frustration of this young officer and to settle the matter. Nothing was done by the superior officers. In our opinion this letter cannot be termed as a resignation letter but it is only a protest lodged by the Petitioner before the superior officers. We get support of our views from the contents of the subsequent letter sent by the Petitioner on 13th July, 1981. We are therefore, of the view that the Respondents committed an error treating this letter as a letter of resignation.