PRIYA SHAILENDRA Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) HEARD learned counsel for the parties. Petitioner is seeking a direction upon the Respondent -Regional Provident Fund Commissioner -I, Employees' Provident Fund Organization, Regional Office at Ranchi for accepting his resignation from service tendered on 30th November, 2012.

(2.) PETITIONER was again compelled to move an application for acceptance of his resignation through another letter dated 30th November, 2012, Annexure -7. Thereafter, he has approached this Court.

(3.) COUNSEL for respondents also submits that resignation cannot be accepted when the petitioner is facing departmental inquiry. Having considered the rival submissions of the parties in the opinion of the court, a direction for accepting resignation of service of the petitioner tendered on 30th November, 2012 vide Annexure -7, cannot be issued if the petitioner has been facing departmental inquiry under the employer. Needless to say that claim for acceptance of an application for V.R.S. or even resignation is not automatic if the employer is proceeding against the employee concerned for misconduct. Therefore, no direction as such can be issued in the matter. Accordingly, the writ petition is dismissed.