Mehrotra, J. - (1.) This is an application under Article 226 of the Constitution praying that (a) writ of certiorari be issued quashing the order of the President dated 31-3-1955, (b) a writ of mandamus be issued directing the opposite parties not to prevent the petitioner from performing his duties as the Superintendent of the Municipal Beard.
(2.) The petitioner was working as the Superintendent of the Municipal Board, Auraiya, in the district of Etawah. Certain charges were framed against the petitioner by the President of the Board. After the said charges had been investigated, they were ultimately dropped on 27-9-1954. On 24-2-1955, a letter, which purports to have been received by the general clerk of the Board in the office of the Board on that date was written by the petitioner. The letter reads as follows: "Sewa me nivedan hai ki kuchh karon bash prarthi ab Board ki sewa adhik dinon karne me braash hai. Aisi dasha me tyag patra swikar kiye jane ki kripa ki jave." Tne purport of the letter is that on account of certain reasons, the applicant was unable to discharge his duties as Superintendent of the Board and under those circumstances he submitted hia resignation which he prayed should be accepted. This letter, though purports to have been received in the office of the Board on 24-2-1955 is dated 1-4-1955. The applicant wrote a letter to the President in which he stated that some time back he was forced under circumstances to write to him a letter, referred to above, but the circumstances had since changed and he saw no reason not to serve the Board from 1-4-1955. He, therefore, requested that the aforesaid previous writings be not placed for consideration and be deemed as withdrawn and unmeant as they were not voluntary and bona fide. The President asked for an explanation from the applicant as to what was the threat or undue pressure under which he submitted the resignation letter and why was it not a bona fide one. After consideration of his reply, the President rejected his application for the withdrawal of the letter on 31-3-1955 and accepted his resignation with effect from 1-4-1955. He was directed to hand over charge to Sri Triveni Prasad, Assistant Superintendent of the Board. Thereafter a suit was filed by the petitioner for a permanent injunction restraining the opposite parties from taking over charge from the applicant and an interim injunction was granted by the civil Court but that order was subsequently withdrawn with the result that the suit became infructuous and the present petition was filed for the reliefs which are mentioned above.
(3.) It is alleged in the affidavit filed in support of the petition that the letter of resignation was obtained under undue influence & by fraud & could not be effective. A counter-affidavit has been filed in which the allegations of undue influence and pressure have been denied. The petitioner in his arguments has urged that he had a legal right to withdraw the letter which is said to have been handed over to the President on 24-2-1955, before 1-4-1955 after which it was to become effective.;