B.L.Yadav, J. - (1.) The present Petition under Article 226 of the Constitution of India is directed against the order dated 4th Sept. 1982 (Annexure Rs.5' to the Writ petition). This order was passed by the Management of the M/s. Synthetics & Chemicals Ltd. Bhitaura Rubber Factory, Bareilly, Respondent 2, while accepting the letter of resignation dated 26th Aug. 1982 (Annexure Rs.1') submitted by the petitioner. The petitioner has prayed for a writ of certiorari quashing the order dated 4th Sept. 1982 (Annexure Rs.5'). The petitioner has further prayed for a writ of mandamus directing the respondents to treat the petitioner in service.
(2.) The facts lie in a very narrow compass and they are these. The petitioner was appointed as Expediter in Materials Department (Purchase) pertaining to M/s. Synthetics & Chemicals Ltd. Bhitarua Rubber Factory, Bareilly. The petitioner also alleged that this rubber factory was under the control of the State of Uttar Pradesh, respondent 1. But no such facts have been given or details furnished in the writ petition to enable us to come to that conclusion. The petitioner was promoted as Store Supervisor on 5th Sept. 1973 and he in fact was driving a loco engine in the factory on 7th Nov. 1982 and by that engine one Raghunath Singh was crushed. He was prosecuted for an offence under Ss. 279/304A I.P.C. and was ultimately acquitted by the judgment dated 11th Nov. 1983 rendered by the Judicial Magistrate IXth Bareilly in Criminal Case No. 752 of 1983. He was forced to resign on 26th Aug. 1982 (Annexure Rs.1' to the petition) which was accepted by the Management of Respondent No. 2 by the impugned order dated 4th Sept. 1982 (Annexure Rs.5').
(3.) After having heard Sri A.P. Singh, learned counsel for the petitioner we were of the opinion that the petition was devoid of merits and consequently the same was dismissed summarily on 20-5-1985. We, however, proposed to give reasons for dismissal later on. This is how we are going to pass a detailed order.;