RAJVEER SINGH Vs. EXECUTIVE OFFICER, NAGAR PANCHAYAT DINESHPUR
HIGH COURT OF UTTARAKHAND
Executive Officer, Nagar Panchayat Dineshpur
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KALYAN JYOTI SENGUPTA, J. -
(1.) DELAY condonation application No. 13039 of 2012 is allowed.
Rejoinder affidavit is taken on record.
(2.) THE writ petitioner has challenged the order of acceptance of resignation dated 14th November, 2005. Short fact of the case is as
The petitioner at the relevant point of time was a Class -III
employee of Nagar Panchayat Dineshpur, District Udham Singh Nagar. Under
compelling circumstances, the petitioner had put in paper on 21st
September, 2004. I have seen the contents of the letter of resignation
and it appears that he had put in paper because of humiliation and
torture. It is also the case of the petitioner that two days thereafter
on 23rd September, 2004, he had addressed a letter to the Chairman of the
aforesaid body stating to withdraw the letter of resignation. In the said
letter, it is alleged he had to resign because of the situation mentioned
in the letter. Now, after being persuaded by many a people, he has
decided to withdraw the letter of resignation.
(3.) THE petitioner thought that after withdrawal of the resignation nothing would be done as he continued to serve as per the
direction and instruction of respondents until the letter of acceptance
of resignation being the impugned letter came to be served upon him. In
the counter affidavit, the factum of resignation is not denied and
disputed. What has been disputed is withdrawal of the resignation. It is
said in the counter affidavit that the Nagar Panchayat had to take long
time to take decision to accept the same. No letter of resignation was
ever submitted, and consequently there was a delay. It is also said in
the counter affidavit that the Nagar Panchayat is competent to take
decision on the question of acceptance of resignation.
In the affidavit of rejoinder, a receipted copy of the letter of withdrawal is annexed to counter the denial of receipt of the letter
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