CHAND Vs. HARYANA STATE ELECTRICITY BOARD, PANCHKULA

JUDGEMENT

(1.) The petitioner, who is Lower Division Clerk (C) in the Haryana State Electricity Board, has filed the present writ petition under Articles 226/227 of the Constitution of India, for issuance of a direction to respondents 1 and 2 to accept the resignation submitted by him on 26.3.1996, copy of which is annexure P-4 to the writ petition, for enabling him to file nomination papers for contesting the ensuing election of the Haryana Vidhan Sabha, last date for which is 3.4.1996, despite the fact that he is undergoing disciplinary proceedings and is under suspension on account of serious embezzlement charge involving Rs. 11.78 lacs.

(2.) The question which has cropped up for our consideration is whether the Court can issue direction to the respondents to accept the resignation of the petitioner for enabling him to file nomination despite the fact that disciplinary proceedings have been initiated against him and he Is under suspension on account of alleged embezzlement charge involving Rs. 11.78 lacs.

(3.) It has not been disputed that the petitioner is under suspension and disciplinary proceedings have been initiated against him and it is for the competent authority to accept or not to accept the resignation. It also remains undisputed that so long as the petitioner is Government servant, he cannot contest the election.