IMPORTANT POINT
Non-communication of acceptance does not make resignation inoperative provided there is in fact an acceptance before the withdrawal.

JUDGMENT

Santosh Hegde, J.-Leave granted.

Heard learned counsel for the parties.

2. The respondent while serving as a temporary Accountant with the appellant-Organisation tendered his resignation from the post held by him on 18.11.1988. The said letter of resignation read thus:-

"To

The Director,

North Zone Cultural Centre,

Sheesh Mahal,

Patiala.

Respected Madam,

I hereby tender my resignation with effect from 18.11.88.

Thanking you,

Yours faithfully,

Sd/-

(Dinesh Kr. Vedpathi)"

3. It is the case of the appellant herein that the said resignation was accepted by the Director on the very same day with the following endorsement ; "Accepted, hand over charge. Signed-18/4."

4. The respondent, however, contends that such acceptance was not made on 18.11.1988 as contended by the appellant and the same was made subsequently. He also contends that he had sent a telegram on 21.11.1988 withdrawing the said resignation, alleging that the resignation was obtained by pressure. It is the further case of the respondent that even after his resignation, he was regularly attending to his work and has signed the attendance register for the relevant days, but he received a letter of 18.11.1988 wherein the Director of the appellant-Organisation intimated him that the resignation tendered by the respondent has been accepted on 18.11.1988 itself and he should hand over complete charge to Shri Mohinder Lal, Assistant and further should consider himself relieved from the service of the Organisation w.e.f. 18.11.1988.

5. Since after the service of acceptance letter, the appellant was not permitted to continue to work in the concerned post, he filed a writ petition before a learned Single Judge of the Punjab and Haryana High Court who by his judgment dated 6th March, 1991 allowed the said writ petition with the direction that the appellant should treat the respondent herein as having continued in the post of Accountant w.e.f. 1st December, 1988 and further directed that, the respondent herein is entitled to all the arrears of salary and allowances etc. which is entitled to under the Rules as if he had not been relieved from his service on 1st December, 1988.

6. An appeal filed by the appellant before the Appellate Bench of the said High Court came to be dismissed, consequent to which the appellant is before us in this appeal.

7. Shri Mahendra Anand, learned senior counsel appearing for the appellant contended that since the appellant had accepted the resignation on 18.11.1988 itself, the resignation had taken effect and there was no need in law for the acceptance being conveyed to the tenderer of the resignation for the resignation to take effect. In this case since the resignation was accepted on 18.11.1988, the same become effective from that day. Therefore, he argued that the courts below erred in holding that a communication of the acceptance of resignation is a mandatory requirement for the resignation to become effective. In support of his case, the learned counsel strongly relied upon the judgments of this Court in the cases of Raj Kumar vs. Union of India [(1968) 3 SCR 857], Raj Narain vs. Smt. Indira Nehru Gandhi & Anr. [(1972) 3 SCC 850]) and Union of India & Anr. vs. Wing Commandar T. Parthasarathy [(2001)1 SCC 158].

8. Shri D.S. Bali, learned senior counsel appearing for the respondent contended that the moot question that was decided by the courts below in this case is that there was no acceptance of the resignation on 18.11.1988 and the same was accepted only on 1.12.1988 when a letter communicating the acceptance was conveyed to the respondent. He also contended that the High Court was justified in relying on the judgment of this Court in the case of Ravinder Singh vs. State of M.P. & Ors. [(1995) 2 SCR 519].

9. It is true as contended by Shri D.S. Bali, learned senior counsel that if actually the appellant had accepted the resignation only on 1.12.1988 then in view of the fact t