(1.) THIS Writ Appeal is filed against the order of the learned Judge dated 18.11.2009 passed in W.P.(MD)No.5148 of 2006.
(2.) THE writ petitioner/respondent herein reported to 109th Battalion, Mizoram on transfer from the General Commandant, CRPF, Avadi on 18.6.2001. Immediately, on reporting, the writ petitioner submitted his application dated 23.6.2001 for discharging him from service due to domestic problems. He was heard by the Commandant of 109th battalion and advised him not to resign from service. The writ petitioner/ respondent herein was directed to go on leave. Accordingly, the writ petitioner/respondent herein is stated to have withdrawn his resignation on 18.7.2001 and proceeded on leave with effect from 20.7.2001 to 17.9.2001. After reporting to duty, once again, the respondent herein submitted an application dated 26.9.2001 quoting unavoidable domestic problems, which hinder him in continuing his service. Hence, he sought for discharge from his service at the earliest date. His resignation was accepted by the Commandant of 109th Battalion, Central Reserve Police Force, Mizoram by virtue of the order dated 28.10.2001 with effect from 15.11.2001.
(3.) ON notice, the respondents/the appellants herein filed a counter in the Writ Petition after narrating the circumstances in which the writ petitioner/respondent herein had tendered his resignation as stated in his letter of resignation and later on withdrawal and once again seeking discharge from service. The appellants herein submitted in their counter affidavit that the order of acceptance of resignation of the respondent herein was passed by the fourth respondent/fourth appellant herein. The contention of the writ petitioner/respondent herein that he had not applied for discharge through proper channel is without any material. Quite apart, the petitioner/ respondent herein was advised several times not to go in for resignation and on their advice only, he went on leave initially. Thus, the allegation that the discharge order said to have been given on the respondent is without any material, is baseless. The appellants herein made a counter on the delayed filing of Writ Petition before this Court.