A resignation can be withdrawn before acceptance by the authority concerned, and in the absence of statutory provisions, the decision to accept a resignation should be justifiable.

JUDGMENT

Rabindranath Samanta, J. - Challenge in this appeal is against the order dated 6th December, 2021 passed by a Learned Single Bench in WPA 15940 of 2021 whereby the writ petition filed by the appellant Asis Kumar Sinha was dismissed.

2. The appellant preferred the aforesaid writ petition seeking the following reliefs:

a) A writ in the nature of mandamus be issued directing the respondent no.3, the President, West Bengal Board of Secondary Education, to withdraw the Memo No. DA/584/1/21 dated 10.09.2021 along with setting aside the order dated 17.08.2021 passed by the respondent no. 3.

b) A writ in the nature of mandamus directing the respondent authorities to allow the petitioner to act as the Headmaster of Singur Mahamaya High School (H.S).

3. The Learned Single Bench by the order as impugned dismissed the writ application on the reasons that as the resignation letter dated 13.08.2020 of the petitioner was accepted by the managing committee of the school on 05.10.2020, his letter of withdrawal dated 15.10.2020 was not acceptable.

4. The seminal question involved in this appeal is whether the order dated 17.08.2021 passed by the President, West Bengal Board of Secondary Education accepting the resignation letter dated 13.08.2020 of the appellant is sustainable.

5. The background facts which led the filing of the aforesaid writ petition may be adumbrated as under:

The appellant was appointed as the Headmaster of Singur Mahamaya High School(HS), Singur, Hooghly in July, 2014. After taking over the charge as the Headmaster of the school he had been working sincerely. As an ex-student of the school he tried to protect the heritage of the school. But, after working for some time, he noticed some irregularities and illegalities in running the administration of the school. By a letter dated June 19, 2020 addressed to the President of the school the appellant raised several issues including lack of co-operation from some teachers and staff in running the school, improper preparation of class routine, not taking allotted classes by some teachers and leaving school by some staff and teachers before the school hours. Not getting any response to the letter from the President for a considerable time the appellant felt humiliated and he submitted his resignation letter dated 13th August, 2020 to the school authority. The President, without giving any consideration to the letter of complaint dated 19.06.2020 made by him and without supplying any copy of the decision of the meeting held on 16.09.2020, he sent a proposal to the appellant to withdraw his resignation by September 30, 2020. By a letter dated 22.09.2020 the appellant sought for copies of the decision of the meeting held on 16.09.2020, but to no effect. However, the appellant, withdrew his resignation by sending a letter dated 15th October, 2020.

The school authority by taking a decision in a meeting held on 05.10.2020 sent proposal to the West Bengal Board of Secondary Education for accepting the resignation submitted by the appellant. By a notice dated 09.08.2021 the disciplinary authority of the West Bengal Board of Secondary Education (hereinafter be referred to as the Board) asked the appellant to appear before the President of the Board on 17.08.2021 with all the relevant papers. The appellant, accordingly, appeared before the President of the Board.

Ultimately, the President of the Board accepted the resignation letter dated 13.08.2020 submitted by the appellant, but without paying any heed to the letter of withdrawal of resignation submitted by him on 15.10.2020.

6. Learned Counsel appearing for the appellant submits that the appellant was disgruntled at the inaction on the part of the President of the school to address the allegations made by him in his letter of complaint dated 19.06.2020 raising various illegalities and irregularities in the functioning of the school. Even thereafter the grievances raised by him in the last part of July, 2020 relating to the process of admi