BALWANT RAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has been inflicted with various punishments on account of numerous misconduct as have been pointed out in the impugned order dated July 19, 2004 (P-1). According to the record the petitioner was placed under suspension on May 18, 1989, on the allegation of issuing bogus transfer orders under fictitious signatures of Superintendent- Incharge of Police Headquarters. He was again suspended on July 12, 1990 for having been arrested in case FIR No. 295 dated July 10, 1990, registered under Sections 379/411 IPC P.S. City Jind. He was still further placed under suspension on January 20, 1992 for misbehaving with driver and conductor of Bus No.1141-P/1333 under the influence of liquor. A regular departmental enquiry was conducted and punishment of stoppage of five increments with permanent effect was inflicted upon him by the Superintendent of Police, Kurukshetra. The petitioner committed cheating and forgery by fake transfer orders of some employees and he was sentenced to five years R.I. in case FIR No. 148 dated May 19, 1989, registered under Sections 420/467/ 468/471 IPC read with Sections 8/9/10/13/14 of the Prevention of Corruption Act, P.S. City Thanesar by the special Judge, Kurukshetra vide judgment dated April 26, 1999, although he is on bail on the order of this Court. The petitioner did not mend his ways and again issued some fake transfer orders and administrative sanction by forging signatures of higher authorities. He was likely to be proved guilty in a preliminary enquiry which was being conducted against him. When he submitted his resignation to escape criminal liability, he is stated to have deposited two months salary in cash in the Government treasury in lieu of notice period required for tendering the resignation. Although he failed to deposit the Government 3s including uniform and identity card etc., despite the fact that he had resigned from service on April 11, 2002.

(2.) Having heard the learned counsel, we are of the considered view that no interference of this Court with regard to nullifying the letter of resignation sent by the petitioner would be warranted because the resignation was submitted on April 11, 2004 which was accepted on the same date on account of deposit of salary of two months in lieu of the notice period. It is well settled that after the resignation is tendered and accepted it cannot be withdrawn. According to the own showing of the petitioner the prayer for withdrawing the resignation, is alleged to have been made for the first time on December 11, 2002 (P-3) and further on April 9, 2004. The resignation which has already taken effect in April, 2002, could not be withdrawn after due acceptance as has been held by the Hon'ble Supreme Court in Raj Kumar Vs. Union of India, AIR 1969 SC 180. The aforementioned view has been approved by the Hon'ble Supreme Court in the case of Shambu Murari Sinha Vs. Project and Development India Limited and another, (2002) 3 SCC 437 and Balram Gupta Vs. Union of India, AIR 1987 SC 2354.

(3.) In view of the above, we do not fine any ground to interfere in the instant petition. The petition is dismissed.