Sen, J. - (1.) This appeal by special leave is directed against a judgment of the Madras High Court dated October 11, 1979 quashing an order of the State Government of Tamil Nadu dated December 20, 1978 passed in appeal preferred by the appellant under Section 20 of the Tamil Nadu Private Colleges (Regulation) Act, 1976, hereinafter referred to as 'the Act', by which the Government held that the resignation submitted by him. on March 19, 1976, from his post as Lecturer in the Department of Electronics in P. S. G. College of Technology, Coimbatore, was not voluntary and, therefore, directed his reinstatement with immediate effect.
(2.) The facts giving rise to the appeal are these:On February 28, 1976, the appellant while he was on probation as a Lecturer in the Department of Electronics in P. S. G. College of Technology, Coimbatore, was subjected to a departmental enquiry for dereliction of duty and irresponsible conduct by the Principal and the two charges levelled against him were (1) on February 18, 1976 he did not allow one batch of students of III-B Technology Class to complete their laboratory experiments in the test that was being held from 1.45 p. m. to 4.30 p.m. and further that he left the college before 4.30 p. m. without collecting the answer books of the students who had carried out their laboratory experiments in that test and without signing the attendance register, and (2) he failed to conduct the laboratory class for III-B Technology students which was to be held on February 25, 1976. On March 3, 1976. the appellant submitted his explanation refuting the charges framed against him and prayed that an oral enquiry be held. The Principal accordingly appointed an enquiry officer who was to commence the enquiry on March 13, 1976, but at his request it had to be adjourned to 9.00 a.m. on March 19, 1976.
(3.) on March 19, 1976 at 8.30 a.m. i.e., just as the departmental enquiry was to commence, the appellant accompanied by the Principal of the College came to the Correspondent's residence and handed over two letters addressed to the Principal, first was a letter of apology and the other a letter of resignation. The letter of apology submitted by him was virtually an admission of guilt and contained a promise that he would reform in future and give no further cause for complaint. It reads: "I apologize sincerely for these lapses on my part. I assure you that hereafter I will conduct myself in conformity with the rules and the regulations of the institution and to the satisfaction of my superiors's." The letter of resignation submitted along with the written apology signified his intention to leave the service of the respondent with a request that his services may be retained for six months. It was in these terms: "I hereby tender my resignation as Lecturer. I request that I may be relieved of my duties on 19th September, 1976." There is an endorsement of even date by the Principal at the foot of the letter of resignation by which he accepted the resignation but directed-that the appellant as desired by him, be relieved from duties with effect from September 19, 1976. He further directed that the enquiry into the charges levelled against the appellant be dropped. On April 5, 1976, the Principal, however, issued a relieving order dispensing his services forthwith on payment to him salary for a period of six months by a cheque for Rs. 5,165.53 i. e., up to the period ending on September 19, 1976 because the date September 19, 1976 fell in the midst of the academic session 1976-77 and would have disrupted the normal working of the College.;