Raju, J. -
(2.)The appellant, who was working as Anaesthetist in Kamla Nehru Memorial Hospital, Allahabad, was issued with a Memo dated 5-1-1999, bringing to her notice a lapse in that she left without informing even Dr. Banerjee, when he requested her around 1300 hrs. to give anaesthesis to one patient admitted in emergency with shock due to ruptured uterus, which needed urgent operation, and such conduct not only amounted to negligence as per Hospital Service Rule 10(i) but also was against medical ethics. She was also asked to submit her explanation by 5.00 p.m. on 6-1-1999, failing which it would be taken that she accepted the lapse and the Hospital would be at liberty to proceed against her as per Service Rules. Since the appellant did not respond, on 8-1-1999 the appellant was placed under suspension with immediate effect, pending institution of a domestic enquiry pertaining to the above incident. On receipt of the said Memo on 9-1-1999, the appellant replied to the Secretary of the Hospital that she had already clarified her position verbally in his presence that on that day she was sick and very tired, that Dr. Navneeta Banerjee also denied having made any complaint as such except writing for purposes of record about the incident and that formal reply in writing was not sent since she had already explained the position and nothing more was required. She further added in her letter as hereunder :-
"Your letter is uncalled for and should be withdrawn. I have been working in this Hospital since May 10, 1978 and have always worked in the best interest of the patients. It is tragic instead of taking a lenient view of my sickness you have opted to punish me.
If the foregoing is not acceptable to you then I have no option left but to render my resignation with immediate effect."
(3.)Thereupon, by an Order dated 9-1-1999, the appellant was informed that the suspension order could not be withdrawn since her explanation was not found to be satisfactory. A separate order dated 9-1-1999 was also said to have been passed as hereunder : "Reference is invited to letter dated 9-1-1999 of Dr. Prabha Atri, Anaesthetist, vide which she has submitted her resignation....... is accepted with immediate effect as requested. Dr. P. Atri is advised to submit No Dues Certificate as per Hospital Service Rule so that her terminal benefits may be processed for payment".