S.D.Agarwala, J. - (1.) This is a petition under Article 226 of the Constitution of India.
(2.) The facts of the case leading to the present writ petition are as under:- "One Chandra Kishore Pandey, who is respondent No. 2 in the present petition, was working on the post of clerk in the Nagar Palika, Mirzapur. He was appointed temporarily on the aforesaid post on 5th Sept., 1955, and was, subsequently confirmed on 1st April, 1956. During his period of service, somewhere in the year 1974, he was placed under suspension, and, ultimately, by an order dated 9th May, 1977, his services were terminated. He, consequently, filed an appeal against the order of termination before the Commissioner, Varanasi. The Commissioner, Varanasi, by his order dated 24th August, 1978, set aside the termination order dated 9th May, 1977, and reinstated him, but the other punishments regarding stoppage of increments etc. were maintained. After the appeal was allowed by the Commissioner, Chandra Kishore Pandey made several representations to the authorities of the Municipal Board for paying his earlier dues on the ground that his family was starving and that his matter regarding payment of his arrears may be disposed of very expeditiously. In spite of several reminders and personal approaches, when nothing was done, on 11th Jan., 1979, a letter was written by respondent No. 2 to the Administrator, Nagar Palika, Mirzapur, stating therein about the inactivity on the part of the Nagar Palika. He further stated that for the reasons stated in that letter, it might not be possible for him to work any further and, therefore, thought fit to resign with effect from 14th Jan., 1979. After this letter was written, Chandra Kishore Pandey was not paid any arrears, but, on the other hand, it is alleged by the petitioner that on 3rd Feb., 1979, the alleged resignation dated 11th Jan., 1979, was accepted by the Nagar Palika, and the services of the petitioner were terminated.
(3.) It is alleged by the respondent No. 2 that on 4th Feb., 1979, he had sent a telegram revoking the resignation letter dated 11th Jan., 1979, which, according to the petitioner, was received after the acceptance on 3rd Feb., 197g. Aggrieved by the order accepting the resignation on 3rd Feb., 1979, respondent No. 2 filed an appeal before the Commissioner, Varanasi. The Commissioner, Varanasi, by his order dated 2nd Oct., 1983, allowed the appeal and set aside the order passed by the Administrator, Nagar Palika, accepting the resignation of the petitioner, which is alleged to have been given by him on 11th Jan., 1979. This order dated 2nd Oct., 1983, has now been impugned in the present petition.;