2007 Supreme(SC) 1154

2007(6) Supreme 505
Supreme Court of india
(From Delhi High Court)
S.B. Sinha & H.S. Bedi, JJ.
Modern School — Petitioner
versus
Shashi Pal Sharma & Ors. — Respondents
Appeal (civil) 4343 of 2007
(Arising out of SLP (C) No.1721 of 2006)
Decided on : 18-09-2007

important point
Even receipt of the letter withdrawing resignation by itself would not amount to withdrawal of the resignation before it is accepted.

Headnote:(a)Delhi School Education Act, 1973 — Section 114A — If resignation is submitted by an employee of a recognised school, it is obligatory on the part of the Managing Committee of the school to accept the same within a period of 30 days from the receipt of the letter- Such acceptance must be preceded by the approval of the Director in this behalf — However, in the event no approval is received within the period of 30 days, the same would be deemed to have been received — As acceptance of the resignation of the First Respondent was communicated to him within a period of 30 days, the same would take its effect in terms thereof. (Paras 13 and 20)

       (b)Delhi School Education Act, 1973 – Section 114A –Resignation – Withdrawal – resignation submitted by the First Respondent could be withdrawn by him before its acceptance – The resignation not being from some future date – The same having been accepted, he was only to be relieved, in terms of section 114A, from 17.6.1997 – Therefore, respondent could not withdraw his resignation thereafter.(Para 17)

       (c)Service Law – Resignation – Withdrawal – Receipt of the respon-dent’s purported letter of withdrawal by appellant by itself would not amount to withdrawal of his resignation before it is accepted — High Court order set aside being not sustainable.(Para 18)

       (2005) 8 SCC 314: JT 2005 (12) SC 465 – Distinguished.

       (d)Administrative Law — Departmental instructions — Functioning of the Managing Committee is a matter governed by the internal rules of the school — In absence of the departmental instructions asserting that any deviation therefrom would result in the Resolution passed by the Managing Committee by circulation, being rendered nullity, the same must be held to be directory. (Para 22)

       Facts of the case:

       Appellant is a school recognized and governed under the Delhi School Education Act, 1973 and the rules framed thereunder. First Respondent had, at all material times, been working as a Sanskrit teacher in the appellant school. On or about 14.03.1997, his wife made a complaint to the Principal of the school informing that the First Respondent had made fake coupons meant to be used at the fete of the school held on 15.12.1996. Several other serious allegations were made by the first respondent’s wife against him. He tendered his resignation purported to be on the ground of having some domestic problems.

       The resignation tendered by the first respondent was accepted by the appellant and forwarded to the Director of Education.

       As no order of approval was received by the appellant from the Director of Education as was required under Section 114A, it, by its letter dated 13.05.1997, informed the said authority that they were accepting the resignation and going ahead with fresh recruitment as per the Act and the Rules. By a letter of the said date, acceptance of his resignation was communicated to the First Respondent.

       On receipt of the said letter, the First Respondent by his letter dated 15.05.1997 and annexing therewith a purported letter withdrawing his resignation dated 18.03.1997, a letter of the Director of Education regarding procedure for compliance of Rule 114(a) of Delhi School Education Rules 1973 as also a telegram dated 14.5.1997 contended that acceptance of his offer of resignation was illegal and invalid.

       First Respondent thereafter filed a writ petition in the High Court of Delhi questioning acceptance of his purported resignation. A learned Single Judge of the said court by an order dated 01.04.2003 dismissed the same.

       Aggrieved by and dissatisfied with the said order dated 01.04.2003 passed by the learned Single Judge of the High Court, an intra-court appeal was preferred by the First Respondent herein and by reason of the impugned judgment dated 13.12.2005, a Division Bench of the High Court allowed the same.

       Findings of the Court:

       In the facts and circumstances of the case there was no question of the respondent withdrawing his resignation.

       Result: Appeal allowed.