RAJVEER SINGH Vs. EXECUTIVE OFFICER, NAGAR PANCHAYAT DINESHPUR
LAWS(UTN)-2012-12-101
HIGH COURT OF UTTARAKHAND
Decided on December 07,2012

RAJVEER SINGH Appellant
VERSUS
Executive Officer, Nagar Panchayat Dineshpur Respondents

JUDGEMENT

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 follows: 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 of resignation.;


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