S.R.Singh, J. - (1.) This appeal is directed against the judgment and order dated 25.4.95 passed by the learned single Judge by which the Civil Miscellaneous Writ Petition No. 14143 of 1997 filed by the petitioner seeking relief of writ of certiorari quashing the order dated 23.6.93 passed by the Commandant 102 R.A.F. Battalion C.R.P.F., was dismissed by the learned single Judge. The Commandant 102 Bn R.A.F., C.R.P.F, by the order dated 23.6.93 had accepted the resignation tendered by the petitioner-appellant and accordingly discharged him from service with effect from 30.6.93 (A.M.).
(2.) It is the case of the appellant that he had submitted his resignation under compelling circumstances but before acceptance of his resignation, he moved an application on 25.6.93 for withdrawal of the same. The stand taken by the respondents is that the appellant never sought for withdrawal of his resignation prior to its acceptance. The learned single Judge dismissed the writ petition holding that the case on hand was not a fit case for Intervention and that no Justifiable ground had been made out for interference by the Court in exercise of its extraordinary Jurisdiction envisaged under Article 226 of the Constitution of India. The learned single Judge, albelt, noted the contention put forthwith on behalf of the respondents that the appellant had never sought for withdrawal of his application seeking discharge from service but recorded no finding on the issue.
(3.) The application seeking voluntary discharge from service was given by the appellant on 12.6.93 along with an undertaking that he would not come up for re-entry In the service after discharge. The application was treated as a letter of resignation which was accepted vide order dated 23.6.93 to be effective from 30.6.93 (A.M.). The said order dated 23.6.93 reads as under : "Resignation tendered by No. 850835211 C.T. Dinesh Chand Gupta of this Unit is hereby accepted with effect from 30.6.93 (A.N.) under Rule 17 of C.R.P.F. Rules. 1955 read with Schedule to C.R.P.F. Act. 1949 by waiving the usual period of notice as a special case. He will be relieved on discharge from service at his own request with effect from 30.6.93 (A.M.) after clearance of dues and depositing the kit articles etc. He will, accordingly, be deemed to have been struck off from the strength of 102 Bn. with effect from the same date i.e. 30.6.93 (A.N.).";