Susanta Chatterji, J. - (1.) The present writ petition has been moved on May 12, 1992, praying for the following reliefs: (a) A writ in the nature of certiorari commanding the Respondents, their officers, subordinates and agents to certify and transmit the records of the case so that the same may be perused by this Hon'ble Court and the impugned charge -sheet dated April 28, 1992, and order dated - April 29, 1992, withholding the payment of gratuity made at Annexs. T and 'J' to this petition may be quashed and set aside ; (b) A writ in the nature of mandamus commanding the Respondents, their officers, subordinates and agents to withdraw, revoke and cancel the impugned orders made at Annexs. I and J to this petition and further commanding the Respondents not to proceed any further on the basis of the said impugned charge -sheet and further commanding the Respondent to release the Petitioner from his service with all terminal benefits on the basis of his letter of resignation dated January 31, 1992 ; (c) A writ in the nature of prohibition commanding the Respondent from proceeding any further in pursuance to the said so -called charge -sheet dated April 28, 1992, made at Annexs. I and J to the petition; (d) Rule nisi in terms of prayers (a), (b) and (c) above; (e) An ad interim order of injunction restraining the Respondents, their officers, subordinates and agents from giving any effect and/or further effect and/or from continuing to give effect of the said charge -sheet dated April 28, 1992, and the order dated April 29, 1992, withholding gratuity made at Annexs. I and J to the petition and further restraining the Respondents from removing the Petitioner from the quarter and other facilities including car and telephone until the disposal of this application and till the payment of retiral benefits and further interim order directing the Respondents to pay forthwith the terminal benefits on the basis of the letter of resignation submitted by the Petitioner on 30.1.92 ; (f) Any other writ or writs, order or orders, and/or direction or directions as Your Lordships may deem fit and proper in the facts and circumstances of the case;
(2.) It appears that the Petitioner being aggrieved by the charge -sheet, has come up to this writ Court seeking for the reliefs as mentioned above. It is stated in detail that the Petitioner, who had been the Chairman -cum -Managing Director of the National Jute Manufacturers Corporation of India (N.J.M.C.), has since tendered his resignation on health ground and his resignation letter has been accepted. It is emphasized that the charge -sheet has been served prior to the acceptance of the resignation and in view of Rule 11(b), of the Service Rules and Regulations, 1992, by which Petitioner's service condition is guided, resignation tendered by an employee shall not become effective till it is accepted by the N.J.M.C. and the acceptance thereof is communicated to the employee concerned. The N.J.M.C. shall have the right to refuse, for reasons to be communicated to the employee in writing, to accept resignation in a case where any disciplinary proceedings against the concerned employee is contemplated or has been initiated or is pending.
(3.) It is argued on behalf of the Petitioner that the N.J.M.C. cannot accept resignation on certain conditions as done in the instant case. However, considering all the aspects of the matter, this Court directed the parties to complete and file the affidavits and an interim order was made to the extent that the proceedings pursuant to the charge -sheet will proceed in accordance with law giving all opportunities to the Petitioner to defend and on complying with principles of natural justice the final order may be made, communicated to the Petitioner, but no effect should be given thereto without the leave of the Court. Petitioner was permitted to remain in the quarters for eight weeks on payment of usual charges, but was not permitted ui enjoy the other facilities while in service. Time to further reply to the charge -sheet was extended for a fortnight and Ministry of Textiles, Union of India, was directed to appoint an Enquiry Officer.;