JUDGMENT

S. Ratnavel Pandian, J.- The appellant, Mr. Pritam Pal Dhingra is a practicing Advocate in the High Court of Madhya Pradesh at Jabalpur, having joined the Bar on 4.2.1979. Earlier to joining the Bar he was serving in the Army and retired on 23.12.1965. Thereafter, he was re-employed in the Defence Accounts Department on 7.2.1966 as U.D.C. (Auditor). On 29.2.1976, the appellant served three months notice of resignation upon the departmental authorities for the reasons mentioned in the said notice and also requested to pay him the contributory provident fund benefits for his 10 years service though the date of his super annuation in the said post was 30.9.1986. The Department not only refused to accept his resignation but also did not relieve him even after the expiry of three months. According to the appellant, there was neither any departmental enquiry pending nor contemplated against him during those three months i.e. between 29.2.1976 and 31.5.1976. However, a charge sheet dated 21.12.1976 for imposing a major penalty on a complaint by it. C.D.A. Vehicle Factory was served on him to which he submitted his written statement. Then he served a final quit notice w.e.f. 8.1.1