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1996 Supreme(Del) 633

DEVENDER GUPTA, M.S.A.SIDDIQUI
PREM PRAKASH – Appellant
Versus
AIR INDIA CORPORATION – Respondent


Devinder Gupta, J.

( 1 ). Petitioner has in this writ petition filed under Article 226 of the Constitution prayed for quashing of communications annexure F dated 10. 2. 1993 and subsequent communications dated 26. 2. 1993 and 26. 3. 1993 (Annexure K ). In nutshell the petitioner s grievance is against the action of the respondent in declining to act on the withdrawal of petitioner s resignation which according to the petitioner had been conveyed to the respondent before acceptance of the resignation. Petitioner s case is that resignation was tendered to an incompetent authority and it was not a valid resignation and in any case its acceptance, irrespective of its withdrawal on 10. 2. 1993, was by an incompetent authority and as such the same is non-est.

( 2 ). Facts in brief are that the petitioner, a permanent and confirmed employee of Air India and posted as Traffic Assistant at Delhi, on 3. 2. 1993 submitted his resignation with immediate effect bysending a telegram annexure B addressed to the Manager- Northern India, Air India, Himalaya House, New Delhi. It was followed by a letter dated 8. 2. 1993 (annexure C), which affirmed the tendering of resignation from the service of th
















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