- (1.) S. H. A. Raza, J. The petitioner, who is a Senior Lecturer in the Ancient History Culture and Archaeology Department of the Ishwar Saran Degree College, which is affiliated to the University of Allahabad, was commissioned in the N. C. C. on 20th September, 1986 and became a part time officer (A. N. O.) after the installation of N. C. C. unit in the College. According to the petitioner, he performed his N. C. C. duties to the entire satisfaction of his seniors and no one ever had any complaint or grudge against him. His work in the Company, according to the petitioner, was appreciated by the Commanding Officer of the Battalian. Thereafter, a dispute be tween the petitioner and Lt. Col. Sajan Singh arose, who, according to the petitioner, misappropriated a sum of Rs. 6204 being the refreshment amount of the N. C. C. during the year 1990-91. The petitioner alleged that the washing al lowance for the year 1990-91 was also not paid. The honorarium of the petitioner from the period commencing March, 1992 to August, 1992 amounting to Rs. 1650 was also not paid and the same is remained unpaid till now. Lt. Col. Sajan Singh not only refused to pay the amount to the petitioner, but, according to the petitioner, he pressed the petitioner to submit false claim, which was not accept able to the petitioner and petitioner refused to became party to it.
(2.) IN the aforesaid circumstances, ac cording to the petitioner, it became im possible for him to continue as part time officer of N. C. C. unit in the Ishwar Sharan Degree College, Allahabad, the petitioner, therefore, tendered his "condi tional resignation' from the post of As sociate N. C. C. Officer on 1-9-1992. As the said Commanding Officer was changed, the petitioner on the alleged, insistence of N. C. C. cadets and his friends, by means of the communication dated 4-3-1994, 11-8-1994, 17-9-1994, 27-9- 1994 and 28-11-1994 requested for the withdrawal of the said resignation letter, but his re quest to withdraw the resignation was turned down on 3-7-1995 by the Lt. Col. Virendra Bhatia. In the said order it was mentioned that the discharge/relinquishment of NCC Commission in respect of NCC 17238 Lt. (Dr.) P. N. Mishra, has been approved by the higher authorities w. e. f. 10th September, 1992 under NCC Act and Rule No. 28 (2) (e) vide D. O. NCC New Delhi letter No. 0415/no. 2/doncc/ms (D) dated 8th June, 1995. The period from 10th September, 1992 to 8th June, 1995 will not be counted towards seniority, promotion or any other benefits in N. C. C. The petitioner filed a review peti tion against the said order, but that too has not been considered. Thereafter, the petitioner knocked the door of this Court.
(3.) THE contention of the petitioner is that the resignation letter dated 1-9-1992 was conditional in nature and the petitioner before its acceptance had a right to withdraw the same. THE resigna tion becomes final, when it has been ac cepted and the officer relieved from his duty. THE respondent No. 1 did not in timate to the petitioner about the action taken on his letter, which shows that it was not accepted prior to 8-6-1995, hence the respondents committed a manifest error of law in no t considering the request of the petitioner to withdraw the said resigna tion letter, before its acceptance. Before dealing with the contention of the petitioner it would be worthwhile to consider the tenor of the resignation letter itself, which is reproduced below: "i hereby submit by resignation from the post of Associate NCC Officer with effect from 10th September, 1992 due to the following reasons: (a) Lt. Col. Sajan Singh, CO. 17 UPBN NCC Allahabad has misappropriated to the tune of Rs. 6204. In spite of best efforts, he however, grabbed the amount and did not pay refreshment and washing allowance to the cadets. Thus, he has damaged the image of NCC in the eyes of students. (b) The present CO. Lt. Col. Sajan Singh has written so many letters against me and against the smooth functioning of NCC in the college on false grounds to save his own skin. (c) The Present C. O. presses the As sociate NCC Officer to submit false claim which is not acceptable to me and I do not want to become a party to this corruption. Thus, I find NCC full of corruption, which does not suit my temperament being a Lecturer in a Degree Col lege associated with Allahabad University. Under the circumstances, I request you to kindly accept my resignation from the post of Association NCC Officer with effect from 10th September, 1992. ";