AMARJEET CHAUDHARY, J. - (1.) THE petitioner, I. D. Kaushik had submitted resignation from the Membership of Haryana Public Service Commission on July 1, 1994, copy of which is Annexure P-4 to the writ petition, which was accepted by the Governor of Haryana in exercise of the powers conferred by Artic!e316 (2) of the Constitution of India and which was notified in gazette dated July 2,1994, copy of which is Annexure P-5 to the writ petition.
(2.) THE petitioner after the acceptance of his resignation has impugned the acceptance of the resignation by filing the present writ petition' and prayed for quashing the notification in so far as it relates to acceptance of his resignation from the Membership of the Haryana Public Service Commission with a further prayer that a direction be issued to the respondents to allow him to continue as a Member of the Haryana Public Service Commission with effect from July 1, 1994 with all consequential benefits including arrears of pay and allowances. The brief facts leading to the filing of the writ petition are that the petitioner before his appointment as a Member of the Haryana Public Service Commission was the Member of the Indian Administrative Service and he had about two years of remaining service. The background of ihe case, according to the petitioner, is that on July 1, 1994 the petitioner alongwith two other Members S/shri V. S. Chaudhary and Tara Chand was summoned to the office of the Chief Minister, Haryana, where the Chief Minister observed that-some happenings leading to the various press reports and the cancellation of result of the Haryana Civil Service (Executive) had tarnished the image of the Commission and the Government. The Chief Minister further observed that the Commission needed to be reconstituted and for that purpose, resignation of all the Members were required. Thereafter, the Chief Minister handed over one copy of ready-made (typed) resignation letter to each of the three Members including the petitioner. However, the petitioner managed to smuggle out the letter of resignation which was handed over to him, copy of which is Annexure P-6 to the writ petition. The resignation letters were promptly signed by S/shri Tara Chand and V. S. Chaudhary. The petitioner, however, told the Chief Minister that he had about two years of service in the Indian Administrative Service at the time of his appointment as a Member of the Commission and as such he would not resign though he would have no objection to relinquish the Membership and being repatriated to the I. A. S. to serve till his superannuation i. e. 31. 1. 1996. Thereafter, the petitioner was asked to sign the ready-made (typed) resignation letter. However, the petitioner was asked to make separate request for the repatriation to the I. A. S. This proposal was declined by the petitioner saying that he would make a composite request. He further stated that while he was not willing to resign, however, he was willing to submit a request for his reversion/ repatriation to the I. A. S. There was no opposition to the request of the petitioner and accordingly he submitted the resignation in shaky handwriting which was accepted and notified.
(3.) THE impugned notification has been assailed on the ground that the petitioner at no stage had submitted his resignation. In the letter of resignation dated July 1, 1994, copy which is Annexure P-4 to the writ petition, the petitioner had made a request that he should be repatriated/taken back to the Indian Administrative Service (herein after referred to as 'i. A. S. ' ). The petitioner did so in order to avoid a direct confrontation, particularly with the Chief Minister who had said that the criminal cases would be instituted against those who would not submit their resignation. Moreover, this was done by the petitioner because lie knew that legally he had severed connection with the I. A. S. and therefore, this request was not worth the paper it was written oh as he could not have been reinducted in the I. A. S. , he would necessarily continue as a Member of the Haryana Public Service Commission (for short 'h. P. S. C. ') for the remaining term.;