MADAN KUMAR PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 14.03.2016 in C.W.J.C. No. 13284 of 2013 whereby, the writ application filed by the appellant was dismissed.

(2.) The appellant was appointed as a Clerk on 1.9.198 He tendered resignation on 7.3.1988. Though the resignation submitted by the appellant terminates the relationship of employer and employee, but the respondent issued a show cause notice on 15.12006 alleging absence from duty. An Enquiry Officer was appointed and after conduct of enquiry, an order was passed on 5.1.2003, refusing to re-appoint the appellant. The appeal against the said order remained unsuccessful.

(3.) Learned counsel for the appellant refers to a Supreme Court judgment reported as Union of India Vs. Gopal Chandra Misra, (1978) 2 SCC 301 to contend that resignation had to be accepted before it can be said to be effective. Since there was no acceptance of the resignation, therefore, the appellant continues to be in service. Thus, the order refusing to re-appoint the appellant is not valid in law. The Court held as under:-