- (1.) Petitioner, who is a constable in Central Industrial Security Force is aggrieved by the order dated 27.5.1992, whereby resignation tendered by him has been accepted by the competent authority. A subsequent order dated 30.11.1992 is also challenged whereby petitioner has been asked to apply for re-enlistment with CRPF and thereby, rejecting representation regarding acceptance of resignation. Writ petition was entertained and affidavits have been exchanged between the parties.
(2.) I have heard Sri S.P. Sharma and Sri I.K. Chaturvedi, learned counsel for the petitioner and Sri Yogendra Kumar for respondents.
(3.) According to the averments made in the writ petition, petitioner was appointed as a Constable on 6.3.1980 and was confirmed after expiry of 2 years term on probation. Thereafter, he was selected for the post of Assistant Sub Inspector (Clerk) and was confirmed. The CRPF Unit, in which petitioner was working, was stationed at Durgapur Steel Plant and thereafter at Anpara District Mirzapur and was again transferred to Burnpur ( West Bengal). According to the petitioner, he was being ill treated by Assistant Commandant and consequently, petitioner sought his transfer but his application was not forwarded. Petitioner alleges that he was continuously harassed and he kept making request to the higher authorities to transfer him but his request was not considered. In such circumstances, petitioner submitted his resignation on 18..4.1992, which is on record of the writ petition as Annexure-1 to the writ petition. The Assistant Commandant on behalf of Commandant passed an order dated 18.5.1992, provisionally accepting petitioner's resignation. Petitioner was directed to deposit Government Clothing and Equipments to the quarter master and clear all out standing dues so that his resignation be accepted formally. Petitioner appears to have thereafter submitted a letter seeking 40 days leave on account of illness of his mother. A letter dated 26.5.1992 was then issued by the Assistant Commandant on behalf of the Commandant, requiring the petitioner to submit clearance certificate as was desired vide order dated 18.5.1992. On 27.5.1992, petitioner's resignation was accepted w.e.f. after noon of 27.5.1992 in terms of Rule-55 of CISF Rules, 1969 and his name was struck off from the unit as well as force w.e.f. 28.5.1992 forenoon. Petitioner, thereafter, submitted a representation in respect of his grievance about illegal acceptance of resignation, upon which, the office of Assistant Inspector General vide order dated 30.11.1992 directed the petitioner to apply for re-enlistment to the competent authority, thereby impliedly rejecting petitioner's representation. These orders are under challenge in this petition.;