# Sri Devi Sharan Sharma v. District Magistrate & others

- **Citation:** High Court of Judicature at Allahabad #39514
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2000
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/sri-devi-sharan-sharma-v-district-magistrate-others-39514
- **Pages:** 2

## Text

12 INDIAN LAW REPORTS ALLAHABAD SERIES [2000
disposal of his complaint is without substance
for two reasons, first that there is no
regulation dealing with such situation and
providing that the Army personnel shall not
be discharged before disposal of a complaint
if it is so made, second that the confirmation
of the order dated 14,.8.1995 and discharge of
the appellant amounts to an automatic
rejection of his complaint.

18. For the above reasons, we are of the
definite opinion that the learned Single Judge
committed no error in dismissing the writ
petition and refusing to grant relief as prayed
by the appellant. The appeal is without merit
and deserves to be dismissed.
It is accordingly dismissed.
----------

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By the Court

1. Heard Sri Sudhanshu Dhulia learned
counsel for the petitioner and Sri B.D.Shukla
learned counsel for the respondent no. 1 as
well as learned standing counsel.

2.
The
petitioner
was
lecturer
in
Mathematics in Kumaon Engineering College,
Dwarhat, District Almora. He submitted his
resignation dated 6.9.9.3 vide Annexure-8 to
the writ petition, but he has alleged in
paragraph 17 of the writ petition that he
withdrew that resignation by Registered letter
dated 10.9.93 Annexure-9 to the writ petition.
It has been further alleged in paragraph 27 of
the writ petition that the resignation was
accepted on 17.1.94. The allegation in
paragraph 17 of the writ petition that the
petitioner has withdrawn his resignation letter
dated 6.9.93 by his subsequent letter dated
10.9.93 is not denied. In paragraph 16 to the
counter affidavit all that is stated is that
paragraphs 17 and 18 of the writ petition are
matters of record and hence need no reply.
Thus the short submission of the learned
counsel for the petitioner is that the petitioner
had withdrawn his resignation before it was
accepted.

3. Learned counsel for the petitioner has
shown
us
the
Model
Bye
Laws
for
Engineering College/Institutes of U.P. In Bye
Law No. 3 of the same it is provided as
follows :-

"3. APPOINTMENTS :

(1) All appointments to posts under the
College/Institute
shall
be
made:
2ALL] Sri Devi Sharan Sharma V District Magistrate & others 13

(2)
By the Principal/Director, If the
maximum of the scale does not exceed Rs.
3500/-
 and
(3)
By the Board in other cases."

4. .In Annexure -2 to the writ petition it
is mentioned that the pay scale of the
petitioner was Rs. 2200-4000. Thus his
maximum pay scale was above Rs. 3500/- and
hence according to the Bye Law No. 3 the
petitioner's Appointing Authority was the
Board of Governors. Hence it is submitted
that only the Board of Governors can accept
the petitioner's resignation. Annexure-2 to the
counter affidavit shows that the petitioner's
resignation letter dated 6.9.93 was accepted
by the Principal on the same date, but the
Principal forwarded the matter to the Board of
Governors with the following endorsement: -
"Although usually one month's notice is
required to be given by the employee while
resigning, it is upto the Board of Governors
to accept the resignation with immediate
effect and to waive the notice period."

5. In our opinion the Principal had no
authority
or
jurisdiction
to
accept the
petitioner's resignation as the petitioner's
Appointing
Authority
is
the
Board
of
Governors and hence only the Board of
Governors can accept his resignation. In fact
the Principal has recognized this legal
position as he forwarded the papers to the
Board, but there was no acceptance by the
Board of Governors and instead it was the
State
Government
which
accepted
the
resignation on 17.1.94 i.e. long after the
petitioner had withdrawn his resignation.

6. In Union of India V. Gopal Chand
Mishra (AIR 1978 SC 694) it has been held
that resignation can be withdrawn at any time
before it become effective. In the case of
employees
for
whom
acceptance
of
resignation
is
necessary
obviously
the
resignation becomes effective only when it is
accepted. Similarly in M/S J.K. Cotton
Spinning & Weaving Mills Co. Ltd.
Kanpur V. State of U.P. and others (AIR
1990 SC 1808) it has been held that
resignation is not complete until it is accepted
by the proper authority. The same view has
been taken in several other decisions. In the
present case since the petitioner's resignation
was withdrawn before it was accepted hence
in our opinion the withdrawal of the
resignation was valid and acceptance of the
resignation was illegal.

7. Hence we set aside the impugned order
dated 27.1.94 (Annexxure-22 to the writ
petition) and hold that the petitioner validly
withdrew his resignation. The petitioner will
be reinstated in service within six weeks from
the date of production of a certified copy of
this order before the authority concerned and
shall be treated in continuous service as if his
service had never come to an end. He will get
seniority and all consequential benefits and
also arrears within three months from the date
of production of a certified copy of this order.
No. order as to costs.

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