KARTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, who was working as a Clerk since November 18, 1983 in the office of District Food and Supplies Controller, Kaithal (Haryana), tendered his resignation, through proper channel, from the Government service, vide application dated April 24, 1991 (Annexure P. 1 ). The said application was addressed to the Director Food and Supplies, Haryana, who was the Appointing Authority of the petitioner. The petitioner had mentioned in the said application that he wished to contest the election to the Haryana Legislative Assembly and, therefore, he was submitting his resignation from the post of Clerk. It was requested that the resignation he accepted with immediate effect i. e. April 24, 1991, so that no hinderance is caused to the petitioner in contesting the election. The district Food and Supplies Controller, Kaithal, who was the immediate boss of the petitioner, addressed a letter to the Director Food and Supplies Department on the same day i. e. April 24, 1991, that the petitioner had deposited one month's salary and there was nothing due from him towards the Government. It was recommended that resignation of the petitioner be accepted w. e. f. April 24, 1991 (afternoon ). On April 26, 1991, the Director Food and Supplies passed an order that the petitioner's resignation was being accepted w. e. f. April 14, 1991.

(2.) THEREAFTER the petitioner contested the election to the Haryana Legislative Assembly, which was held on May 20, 1991 but was unsuccessful therein. On June 21, 1991, the petitioner moved an application for withdrawal of his resignation, a copy whereof is at Annexure P. 3. Paragraphs 2 to 5 of the application read as under : "2. That unfortunately I have been unsuccessful in the election.

(3.) THAT during my absence from Govt. service i. e. from 24. 4. 91 to date there had neither been any such case against me which could debar me from retaining in Government nor I joined any private, commercial company, Corporation or Company wholly or substantially owned by or controlled by the Govt. etc.