M.N.Roy, J. - (1.) The Institute of Cost and Works Accountants of India, Respondent No.1 (hereinafter referred to as the said Institute), is a body corporate and constituted under section 2(f) of the Cost and Works Accountants Act, 1959 (hereinafter referred to as the said Act) and the appellant was appointed as a Director of Research of the same sometime in September 1969. He as a petitioner moved and obtained Civil Order No. 15007 (W) of 1981, challenging the validity of the decision of the Council of the said Institute, as communicated to him by the Secretary of the same, by his letter dated 19th October 1981, whereby the said Secretary, further to his letter dated 23rd September 1981, informed him that he was directed by the Council of the said Institute to regret to inform the appellant that the Council of the said Institute was unable to allow him to withdraw his resignation, which was already accepted with effect from 1st September 1981 and as such, requested the appellant to hand over the charge to the said Secretary and collect from the said Institute whatever amount was due to the appellant. In his writ petition, the appellant/petitioner also claimed that he having withdrawn his letter of resignation, in the facts and circumstances which would be referred to hereinafter, before the same became effective, the impugned order as mentioned above, was illegal and unwarranted.
(2.) It should be noted that the said Act was promulgated for the purpose of making provisions for the regulation of the profession of Cost and Works Accountants and the Cost, and Works Accountants Regulations, 1950 (hereinafter referred to as the said Regulations) have been framed under or in terms of the provisions of the said Act. There was or has been no dispute that the appellant had joined in the post as mentioned above, on or about the date as indicated herein before and was in the said post for a long time. It has been claimed by him that during his centre of employment as such, some attempt was resorted to with a view to get rid of him from the said Institute with effect from 1st September, 1981. It was the appellant's claim that during his employment as above, he had rendered his services with reputation to the said. Institute and for promotion and guidance of research in the various branches of Cost and Management Accountancy and his original contributions in the field were richly accoladed and appreciated or recognised, both within and outside the country. It was the appellant's further contention that he had a brilliant academic career and such brilliance was also reflected in the discharge of his duties so far as the said Institute was concerned and in fact, he had an unblemished career, apart from the fact that he had contributed, to the publications of different books and research papers of the said Institute.
(3.) It has also been stated by' the appellant that in course of his tenure of service as above, he received the best award as an accounting scholar for the year 1975-76, in recognition of his distinguished career as an accounting scholar. He has also stated to have received his M.A. Degree in Commerce from the University of Calcutta in 1952 and thereafter, he got himself associated as a Research Officer to the Special, Committee for Commerce Education under the Ministry of Education of Social Welfare and then he became a member of the said Institute in 1964, after successful completion of the necessary course. The appellant has also given the particulars as to how and when he got his Ph.D. Degree in Management from Delhi University in 1965 and has started that before joining the services of the said Institute, he held important position as a professor of the Indian Institute of Foreign Trade and Faculty of Business Management in Delhi University. It was also his case that during his continuance of service under the said Institute he had to his credit various notable publications and was also commissioned by the Indian Council of Social Sciences Research, New Delhi, to prepare and survey of research in public enterprises in India. The appellant, has also given the other scholastic works done and performed by him and some decorations has receded by him for such work.;