I D KAUSHIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, I. D. Kaushik had submitted resignation from the Membership of Haryana Public Service Commission on July 1, 1994, copy of which is Annexure P-4 to the writ petition, which was accepted by the Governor of Haryana in exercise of the powers conferred by Artic!e316 (2) of the Constitution of India and which was notified in gazette dated July 2,1994, copy of which is Annexure P-5 to the writ petition.

(2.) THE petitioner after the acceptance of his resignation has impugned the acceptance of the resignation by filing the present writ petition' and prayed for quashing the notification in so far as it relates to acceptance of his resignation from the Membership of the Haryana Public Service Commission with a further prayer that a direction be issued to the respondents to allow him to continue as a Member of the Haryana Public Service Commission with effect from July 1, 1994 with all consequential benefits including arrears of pay and allowances.

(3.) THE impugned notification has been assailed on the ground that the petitioner at no stage had submitted his resignation. In the letter of resignation dated July 1, 1994, copy which is Annexure P-4 to the writ petition, the petitioner had made a request that he should be repatriated/taken back to the Indian Administrative Service (herein after referred to as 'i. A. S. ' ). The petitioner did so in order to avoid a direct confrontation, particularly with the Chief Minister who had said that the criminal cases would be instituted against those who would not submit their resignation. Moreover, this was done by the petitioner because lie knew that legally he had severed connection with the I. A. S. and therefore, this request was not worth the paper it was written oh as he could not have been reinducted in the I. A. S. , he would necessarily continue as a Member of the Haryana Public Service Commission (for short 'h. P. S. C. ') for the remaining term.