An employee can withdraw their resignation before the effective date or before acceptance is communicated. Oral communication of acceptance of resignation is not valid.

( 1 ) THIS writ Feti tion is fi led by the petiitoner for quashing the proceedings of the 1st Respondent dated 13-2-1991.

( 2 ) THE facts in nut shell are that the petitioner was appointed asclerk under the Respondents on 29-3-1977. During the year 1990, she was working at Gagan Mahal Road Branch. On 19-1-1990, the petitioner submitted resignation on domestic grounds. Her husband was an I. P. S. Officer,stationed at Warangal and on account of education of children, she could not join at Warangal. That apart Waranga! being a Naxalite area, it was found to be unsafe for her and her children to stay at Warangal. It is her case that even through she requested the Respondents to permit her to resign, no action was taken and that she had worked upto 28-3-1990, thereafter she applied for leave. However, while the matter stood thus, her husband was again transferred back to Hyderabad from Warangal. As the Respondents had not accepted the resignation and her husband had been posted back to Hyderabad, she made an application on 19-9-1990 withdrawing her resignation dated 19-1-1990. The Respondent issued letter dated 13-2-1991 stating inter-alia that the request of the petitioner for withdrawl of resignation was not considered and the petitionerwas relieved from service with effect from 28-3-1990. It is this letter dated 13-2-1991 which is assailed before this Court,

( 3 ) IN opposition, a counter affidavit was filed on behalf of the Respondent stating that the petition is not maintainable under Article 226 of the Constitution of India. That the petitioner can raise the industrial dispute tha tthe petitioner was in the habit of absenting without leave on number of occasions and she was also punished for unauthorised absence. Even when a request was made by the petitioner for her transfer to Warangal on the ground that her husband was posted as Superintendent of Police, the same was accepted and she was transferred, but however she did not affect the transfer and continued to work at Hyderabad. In her letter dated 19-1-1990, she expressed her intention to tender her resignation and she wanted to be relieved as early as possible. On 27-2-1990, a request was made by the petitioner to adjust all her dues and Gratuity fund etc. She applied for leave from 12-2-1990 to 3-3-1990, 5-3-90 to 14-3-1990 and from21-3-1990 to 24-3-1990. She worked from 26-3-1990 and made another representation on 18 - 4-1990 that the dues may be adjusted from terminal benefits and the application for resignation, the particulars relating to the leave were called for and after receipt of the said particulars, the competent authority has accepted the resignation on 6-7-1990. The Gagan Mahal branch. was advised on 6-7-90 to relieve the petitioner immediately after collecting the bank loans etc. As the where abouts of the petitioner are not known, the Gagan Mahal branch was not in a position to adjust the loan amount and relieve her from service. However, when she visited the branch on 19-9-1990 she was informed orally by the Chief Manager regarding the acceptance of her resignation. On the same day the petitioner submitted a representation withdrawing the resignation. Since the resignation was already accepted on 6-7-1990 the question of withdrawing resignation does not arise The petitioner was informed by letter dated 13-2-1991 that her request for with drawl has not considered and that she was relieved from the Bank service on 28-3-1990 which was her last working day at the Gagan Mahal branch.

( 4 ) THE crucial question that has to be considered in the Writ Petition is whether as on 19-9-1990 when the application for withdrawal for resignation was submitted by the petitioner, the resignation was accepted and that the petitioner was informed of the acceptance of the resignation.

( 5 ) THE learned counsel for the petitioner submits that at no point of time the petitioner was informed that her resignation was accepted. It is only by letter dated 13-2-1991