Decided on September 24,2012

Ganga Prasad Belwal Appellant
State of Uttarakhand and others Respondents


Tarun Agarwala, J. - (1.) HEARD Mr. Rakesh Thapaliyal, the learned counsel for the petitioner, Mr. J.P. Joshi, the learned counsel for the respondent Nos. 2 to 5 and Mr. Lalit Miglani, the learned Brief Holder for the State of Uttarakhand.
(2.) THE petitioner has filed the present writ petition praying for the quashing of the order dated 03rd December, 2003 by which the petitioner's resignation has been accepted. The petitioner has further prayed that he may be allowed to continue in service. The facts leading to the filing of the writ petition is, that the petitioner was working as a Secretary of the Cooperative Society, Uttaranchal for almost 26 years. On 23.01.2002, the petitioner was suspended and, thereafter, on 15.03.2002, was issued a chargesheet. The petitioner submitted a reply denying the charges levelled against him. By an order of 17.04.2002, the petitioner's suspension was revoked with a condition that except the subsistence allowance, no salary and other allowances would be paid to the petitioner during the suspension period. The petitioner accepted this order and the matter came to an end.
(3.) HOWEVER , prior to his suspension, the petitioner was not paid his salary for 9 months, which led to monetary loss and harassment. The petitioner, not being in a proper frame of mind, sent a letter dated 24th September, 2003. This letter is the bone of controversy, namely, as to whether the said letter amounts to a resignation letter or not. The subject of this letter states "resignation under certain circumstances". The contents of the letter indicates that the petitioner is compelled to submit his resignation under certain circumstances. The circumstances has been disclosed, namely, that he was suspended on the basis of certain charges and, thereafter, his suspension was revoked, and that prior to his suspension, his salary for a period of 9 months had not been released till date due to which he is suffering a huge loss. It was also stated in the letter that because of the stoppage of the salary, he was unable to pay the premium of his two L.I.C. policies as a result of which he was denied the benefit of bonus in the LIC policies. On account of his stoppage of salary, the petitioner had to face pecuniary losses and had to suffer harassment not only for himself but also for his family. It has also been alleged that the petitioner was transferred, as a result of which, his salary for the month of February, 2003 had not been released. It has also been alleged that the petitioner had been frequently transferred from one place to other place and, in 26 years of his service, he has not been transferred to his home district and has been transferred to other places. In the end, the petitioner contends that on account of the aforesaid circumstances, he is not in a proper frame of mind and therefore, he has no other option but to submit his resignation letter.;

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