MOHD AMIN PUKHTA Vs. STATE

JUDGEMENT

(1.) THE controversy involved and to be determined by the court in this writ petition boils down is:

(2.) THIS controversy has already been clinched and set at naught by the apex court in catena of authorities by holding that when a resignation given by a Government servant is dependant for its effectiveness on the acceptance by the appropriate authority, the Government servant concerned has an unqualified right to withdraw the resignation, until the same is accepted by the competent authority. However, before appreciating law on the subject, I would like to give brief resume of the facts which have given rise to the present petition.

(3.) IT is submitted by the petitioner that he was an employee of the Jammu and Kashmir Judicial Service and on the relevant date was in the cadre of Sub -Judge. It was on 18 -11 -1991 that the petitioner was transferred vide order No. 760 from Kupwara to Leh as Chief Judicial Magistrate. Petitioner alleges that he had not received the said order of transfer because situation in the valley had developed in such a way that no postal services were available and no communications were possible. It is also submitted that on learning that a show cause notice has been issued against him on the alleged ground that he had absented himself from duty and that he had been transferred to Leh, the petitioner sought an appointment with Honâ„¢ble the Chief Justice (Justice S.S. Kang), as his lordship then was, at Jammu in the month of February 1992. The petitioner met the then Chief Justice at Jammu on 12 -2 -1992 for a few minutes. It was a day of turmoil for all offices due to strike, procession and protest of low paid employees, which added haste and confusion in the meeting, with the then Chief Justice. Then the petitioner again came to meet the Chief Justice and to explain him as difficulties in going to Leh as he being a smoker, cannot travel to Leh in February, but as ill luck would have it, by that time, the Chief Justice had left for Chandigrah in the morning hours.