IMPORTANT POINT
To constitute a resignation it must be unconditional and with an intention to operate as such. The communication in this case was a non-existent resignation and High Court erred in accepting it as "resignation".

Headnote:Service Jurisprudence-Resignation-Letter concluding "if the foregoing is not acceptable to you then I have no option left to render my resignation with immediate effect"-Whether the letter could be construed to mean or amounted to a letter of resignation or merely an expression of one s intention to resign-High Court opting for former-While appellant contending it was later-Rule of hospital requiring resignation with 3 months notice or salary in lieu of it-High Court is wrong-Appeal allowed.
       Held : In the ordinary dictionary sense, the word Resignation was considered to mean the spontaneous relinquishment of one s own right, as conveyed by the maxim: Resignatio est juris proprii spontanea refutatio [Black s Law Dictionary - 6th Edition]. (Para 7)
       Held after stating case law : We have carefully considered the submissions of the learned counsel appearing on either side, in the light of the materials and principles, noticed supra. This is not a case where it is required to consider as to whether the relinquishment envisaged under the rules and conditions of service is unilateral or bilateral in character but whether the letter dated 9.1.1999 could be treated or held to be a letter of resignation or relinquishment of the office, so as to severe her services once and for all. The letter cannot be construed, in our view, to convey any spontaneous intention to give up or relinquish her office accompanied by any act of relinquishment. To constitute a resignation , it must be unconditional and with an intention to operate as such. At best, as observed by this Court in the decision in P.K. Ramachandra Iyer (supra) it may amount to a threatened offer more on account of exasperation, to resign on account of a feeling of frustration born out of an idea that she was being harassed unnecessarily but not, at any rate, amounting to a resignation, actual and simple. The appellant had put in about two decades of service in the Hospital, that she was placed under suspension and exposed to disciplinary proceedings and proposed domestic enquiry and she had certain benefits flowing to her benefit, if she resigns but yet the letter dated 9.1.99 does not seek for any of those things to be settled or the disciplinary proceedings being scrapped as a sequel to her so-called resignation. The words with immediate effect in the said letter could not be given undue importance dehors the context, tenor of language used and the purport as well as the remaining portion of the letter indicating the circumstances in which it was written. That the management of the Hospital took up such action forthwith, as a result of acceptance of the resignation is not of much significance in ascertaining the true or real intention of the letter written by the appellant on 9.1.1999. Consequently, it appears to be reasonable to view that as in the case reported in P.K. Ramachandra Iyer (supra) the respondents have seized an opportunity to get rid of the appellant the moment they got the letter dated 9.1.1999, without due or proper consideration of the matter in a right perspective or understanding of the contents thereof. The High Court also seems to have completely lost sight of these vital aspects in rejecting the Writ Petition. For all the reasons stated above, the order of the High Court under challenge in this appeal is set aside and the appeals are allowed. The communication dated 9.1.1999 purporting to accept a non-existent resignation is set aside. But, the respondent-Hospital authorities shall be at liberty to pursue the disciplinary proceedings initiated against her in accordance with law. No costs. (Paras 10 and 11)

JUDGMENT

Raju, J.-Leave granted.

2. The appellant, who was working as Anaesthetist in Kamla Nehru Memorial Hospital, Allahabad, was issued with a Memo dated 5.1.1999, bringing to her notice a lapse in that she left without informing even Dr. Banerjee, when he requested her around 1300 hrs. to give anaesthesis to one patient admitted in emergency with shock due to ruptured uterus, which needed urgent operation, and such conduct not only amounted to negligence as per Hospital Service Rule 10(i) but also was against medical ethics. She was also asked to submit her explanation by 5.00 P.M. on 6.1.1999, failing which it would be taken that she accepted the lapse and the Hospital would be at liberty to proceed against her as per Service Rules. Since the appellant did not respond, on 8.1.1999 the appellant was placed under suspension with immediate effect, pending institution of a domestic enquiry pertaining to the above incident. On receipt of the said Memo on 9.1.1999, the appellant replied to the Secretary of the Hospital that she had already clarified her position verbally in his presence that on that day she was sick and very tired, that Dr. Navneeta Banerjee also denied having made any complaint as such except writing for purposes of record about the incident and that formal reply in writing was not sent since she had already explained the position and nothing more was required. She further added in her letter as hereunder:-

"Your letter is uncalled for and should be withdrawn. I have been working in this Hospital since May 10, 1978 and have always worked in the best interest of the patients. It is tragic instead of taking a lenient view of my sickness you have opted to punish me.

If the foregoing is not acceptable to you then I have no option left but to render my resignation with immediate effect."

3. Thereupon, by an Order dated 9.1.1999, the appellant was informed that the suspension order could not be withdrawn since her explanation was not found to be satisfactory. A separate order dated 9.1.1999 was also said to have been passed as hereunder: "Reference is invited to letter dated 9.1.1999 of Dr. Prabha Atri, Anaesthetist, vide which she has submitted her resignation...... is accepted with immediate effect as requested. Dr. P. Atri is advised to submit No Dues Certificate as per Hospital Service Rule so that her terminal benefits may be processed for payment."

4. Yet another order was also said to have been passed on the same day wherein after adverting to the acceptance of the resignation, it has been stated that the domestic enquiry ordered on 8.1.1999 to enquire into the incident pertaining to Dr. Atri should not be proceeded with. In response to the same in her letter dated 14.1.1999, the appellant stated that she never resigned and not only she nowhere stated that she is resigning but unnecessarily something has been read between the lines. Reiterating her stand that she had not resigned but shown only intention to resign, the appellant requested for rectifying the mistaken understanding of her earlier letter by taking necessary steps in the correct perspective. The Secretary of the Hospital by his communication dated 16.1.1999 reiterated the correctness of the action taken and declined to reconsider the matter.

5. Thereupon, the appellant filed Civil Misc. W.P. No.13186 of 1999 before the High Court of Allahabad, but without success and has come up before this Court challenging the order dated 18.12.2001 of the High Court, declining to interfere and dismissing the Writ Petition.

6. Heard Mr. Rakesh Dwivedi, learned senior counsel for the appellant, and Mr. Ranjit Kumar, learned counsel for the respondents.

7. The only question that mainly requires to be considered is as to whether the letter dated 9.1.1999 could be construed to mean or amounted to a letter of resignation or merely an expression of her intention to resign, if her claims in respect of the alleged lapse are not viewed favourably. Rule 9 of the Hospital Servi

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2002 Supreme(SC) 1218

IMPORTANT POINTTo constitute a resignation it must be unconditional and with an intention to operate as such. The communication in this case was a non-existent resignation and High Court erred in accepting it as "resignation".

Cases Referred (1)

IMPORTANT POINT
To constitute a resignation it must be unconditional and with an intention to operate as such. The communication in this case was a non-existent resignation and High Court erred in accepting it as "resignation".