- (1.) We have heard learned counsel for the parties.
(2.) This appeal by special leave is directed against the judgment and order dated 10.06.2003 passed by the learned Single Judge of the High Court of Judicature at Bombay in Writ Petition No.6046 of 2002 whereby the High Court has set aside the order of the Tribunal and held that once the petitioner has sent the letter of resignation and the same has not been withdrawn, therefore, it becomes final and the view taken by the Tribunal was not correct. Aggrieved against this order the petitioner filed a Letters Patent Appeal but it was rejected on the ground that it is not maintainable. Hence the petitioner has approached this Court by way of a special leave petition challenging the order of the learned Single Judge dated 10.06.2003. Leave was granted by this Court.
(3.) The brief facts which are necessary for the disposal of this appeal are that the appellant was appointed as Assistant Teacher in the Balaleshwar Shikshan Mandal against a clear and permanent vacancy on probation. Certain complaints were received against the appellant from the students regarding his misbehaviour. In the wake of these complaints, the appellant tendered conditional resignation on 16.08.1998. The letter of resignation was sent to the Chairman of the Institution. It was alleged that since the allegations have been levelled against him and he want to be absolved of the allegations, he tender his resignation from the post and after an inquiry is held and he is exonerated, he may be reinstated. The letter of resignation dated 16.08.1998 reads as under :- "Due to the various allegations levelled against the institution, the charges are orally levied upon me. In that regard I am held responsible for adverse effect on the image of Institution and School. Till the time of conclusion of appropriate inquiry into the said charges, I am tendering resignation from my post. If I am found innocent then I shall be given an opportunity to discharge my duties.";