- (1.) Heard learned counsel for the parties on the merits of the appeal after having condoned the delay. Learned counsel for the appellant has urged two points. Firstly, that the resignation tendered by the appellant was not voluntarily and secondly there is a provision namely Regulation 505 of the U.P. Police Regulations which mandates that the personnel against whom any enquiry is pending shall not be permitted to resign.
(2.) Having considered the submissions raised as well as having gone through the judgment of the learned single Judge, we find that the learned single Judge has categorically recorded the following finding in Paragraph 13: "13. Sequence of events noticed above clearly indicates that the petitioner submitted his resignation letter on 16th of February, 2005. An enquiry was held as to whether resignation was voluntary, or not. Concerned Circle Officer reported that resignation letter furnished by the petitioner was a result of voluntary act. On verification of the said fact, vide order dated 24th of February, 2005, resignation of the petitioner was accepted w.e.f. 28th of February, 2005."
(3.) This recital in the judgment could not be successfully assailed nor any such ground has been taken that the recital of the facts as noted by the learned single Judge suffers from any infirmity against records. Consequently, the resignation was given voluntarily as recorded by the learned single Judge and we do not find any material so as to differ from the said view.;