- (1.) Admit Issue notice. Mr. M.P. Singhvi waives service of the notice, On the request of the learned counsel for the parties the matter is taken for final disposal.
(2.) The necessary facts giving rise to the instant appeal are that the respondent Mangel Sen, Agarwal, Assistant Grade III (Accounts) tendered resignation from the service by writing a letter dated 17.12.1984. Under communication dated 15.1.1985, the District Manager forwarded the resignation to the Senior Regional Manager with a recommendation to accept the same. By letter dated 21.2.1985 the appellant was asked to deposit a sum of Rs. 371.85/-. It was also stated therein that resignation shall be accepted only after he deposits the of said amount. The appellant repeatedly asked the respondent to accept his resignation. Ultimately, he submitted a letter dated 25.9.1990 and withdrew the resignation. After a great hassle the resignation was accepted w.e.f. 20.10.1994 by office order dated 7.3.1991. The balance out-standing amount of Rs. 392.05/- was waived off.
(3.) The appellant challenged the said order of acceptance of resignation by way of writ petition before this Court. The order of accepting the resignation was stayed by the order of this Court dated 30.3.1993. Inspite of interim order the respondent did not report on duty. In view of this fact the interim order was vacated by the order of the learned Single Judge dated 9.9.1999.;