IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 4297 of 1997
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AMRATLAL TALSIBHAI DESAI
Versus
STATE OF GUJARAT
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Appearance:
MR BM MANGUKIYA for Petitioner
SERVED BY DS for Respondent No. 1
MR PARESH UPADHYAY for Respondent No. 2
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CORAM : MS.JUSTICE R.M.DOSHIT
Date of Order: 05/08/97
ORAL ORDER
Learned advocate Mr. Upadhyay appearing for the
respondent Corporation places on record copy of the
relevant rules. Same may be taken on record.
2.Rule. Heard learned advocates on interim relief.
The petitioner tendered resignation on 2nd December, 1996
and paid salary in lieu of notice. Thus, resignation
became effective from 2nd December, 1996. A formal order
accepting resignation was made on 20th February, 1997.
Before the said order was made, on 6th January, 1997, the
petitioner gave an application withdrawing the
resignation tendered by him on 2nd December, 1996.
Feeling aggrieved by the acceptance of his resignation,
the petitioner has preferred this petition. The question
is whether the acceptance of the petitioner’s resignation
by the respondent Corporation after it was withdrawn by
the petitioner is valid or not. The fact remains that
the petitioner tendered resignation on 2nd December, 1996
with effect from the same date and the petitioner also
paid pay in lieu of the notice. Since the petitioner has
been treated to have resigned from service on 2nd
December, 1996, in my view, the petitioner cannot now be
reinstated in service by an interim order. Interim order
is, therefore, refused. Ad-interim order made on 18th
June, 1997 is vacated on condition that the disciplinary
action initiated against the petitioner is completed
within a period of four months from today. If the
disciplinary proceedings initiated against the petitioner
is not completed as directed hereinabove, the petitioner
shall have liberty to move this Court for interim relief.
Dt.5.8.1997. [Ms. R.M.Doshit,J.]
Vyas