- (1.) PRADEEP Kant, J. The petitioner has challenged the order passed by the District Development Officer, Sultanpur dated 26- 10-1995 contained in Annexure-8 to the writ petition by means of which the alleged resignation of the petitioner from service has been accepted.
(2.) THE petitioner was appointed in pursuance of the selection held on 28-4-1994 on a Class IV post i. e. , Sweeper and was posted in Vikas Khand Sangrampur vide order dated 6-5-1994. THE petitioner joined his services in pursuance of the aforesaid appointment order. Incidentally on 24-12-1994, it is stated that a resignation letter was submitted by him addressing to the District Magistrate, Sultanpur through Block Development Officer, Sultanpur. This resignation letter has been accepted by the District Development Officer, Sultanpur vide his order dated 24th October, 1995. The case of the petitioner is that he has never submitted any resignation of his own free will. As a matter of fact the then Block Development Officer, Sangrampur (who is reported to be dead) was annoyed with the petitioner and he used to treat him inhumanly, locked the petitioner in a room and after putting undue pressure and influence and also by coercing him, got his signatures on a blank paper which paper has been used for preparing a resignation letter on behalf of the petitioner. The petitioner's allegation is that resignation letter, copy of which has been annexed as Annexure-3 to the writ petition does not bear his hand writing and the signatures appended to the said letter also indicate that the signatures were appended earlier and the contents have been written later on by some other person. On coming to know about the alleged illegal design of Opposite Party No. 3 the petitioner immediately on 24th December, 1994 made a representation to the District Development Officer who is the appointing authority of the petitioner narrating the whole incident therein and also requesting that justice may be done with him and he may be transferred to some other place. There is an endorsement of receipt of the same date of the office of District Development Officer, Sultanpur. Another letter is said to have been written on 6th January, 1995 re-asserting that the petitioner was subjected to cruel treatment and was compelled to sign on blank paper and therefore, justice should be done with him. Similar letter has been written on 9th February, 1999.
(3.) THESE two letters do not indicate any endorsement of receipt by any office. However, another letter dated 3-5-1995, which is addressed to the District Magistrate, Sultanpur, appears to have been sent by registered post and the photo copies of the postal receipts have been also brought on record. In this letter, the petitioner has raised his grievance against the ill conduct of the officer concerned which made him to rush to the concerned Police Station to get an FIR registered and to contact various other authorities so hat his resignation may not be accepted and he may not be allowed to suffer because of the illegal act of Opposite Party No. 3. Despite the aforesaid letters/representation made by the petitioner, against his submission of resignation, the District Development Officer, Sultanpur, has accepted the so-called resignation of the petitioner on 24th December, 1994 by means of his order dated 26th October, 1995. In defence of this acceptance of the resignation on 24th October, 1995 the learned Standing Counsel submitted that it has not been any where specifically stated by the petitioner that the resignation be treated to be withdrawn or the same be not accepted. His only ground for challenge is that it has been obtained under coercion and, therefore, an enquiry was made by the Block Development Officer in which the petitioner did not co-operate, wherein it has been found that the resignation has been submitted out of free will of the petitioner as no force has been used against him. In this view of the matter the District Development Officer has rightly accepted the resignation vide his impugned order.;