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2019 Supreme(Pat) 659

AMRESHWAR PRATAP SAHI, ANJANA MISHRA
Arif Raza S/o Late Md. Mohsin – Appellant
Versus
Union of India through the General Manager, East Central Railway, Hajipur – Respondent


Advocate Appeared:
For the Petitioner:Mr. Chitranjan Sinha, Sr. Advocate Mr. Alok Ranjan, Advocate
For the Respondent:Mr. Siddhartha Prasad, Mr. Kamlesh Tewari, Advocates

JUDGMENT :

AMRESHWAR PRATAP SAHI, J.

1. The Central Administrative Tribunal, Patna has declined to quash the order passed by the respondent Railways dated 27th May, 2011 whereby the request of the petitioner to withdraw his resignation has not been accepted.

2. The petitioner being an ex-serviceman having worked for the Indian Air Force for 15 years was re-employed in the Railways as a Section Engineer.

3. The petitioner’s political ambitions allured him to test his fate by contesting the Bihar Assembly Elections of 2010 for which he tendered his resignation on 28th September, 2010 before the Divisional Railway Manager, East Central Railway, Danapur. The purpose of resignation was clearly intended to contest the Assembly Elections from Hasanpur Constituency of District-Samastipur in Bihar. The resignation was accepted with effect from 29th September, 2010. The petitioner contested the elections and lost the same. The resignation, according to its terms, became effective and it is on 26th of November, 2010, almost one month after the acceptance of the resignation, that the petitioner moved his request for withdrawing his resignation.

4. The said request was declined on 27th of May, 2011.

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