CM No. 4245/2010 (Exemption)

Mool chand garg, j. -- Allowed subject to just exceptions.

Application stands disposed of.

WP(C)No.2125/2010

1. This petition has been filed by the petitioner being aggrieved of the order dated 13.11.2009 passed by the Central Administrative Tribunal (for short "the Tribunal") in TA No. 297/2009, whereby the Tribunal has been pleased to quash the order of the petitioner in having accepted the resignation of the respondent, which according to the respondent was withdrawn before its acceptance.

2. The relevant portion of the aforesaid order passed by the Tribunal is reproduced hereunder:-

19. Taking into account the total facts and circumstances of the case, it is crystal clear that the Applicant has not tendered a clean and unconditional resignation. It is also admitted that there were grievances of the Applicant which remained to be redressed by the MCD. Even the acceptance of resignation is also a conditional acceptance which is not legally tenable. We are of the considered opinion that the Applicant has made out a case in his support that withdrawal of resignation tendered by him on 31.01.2008 needs to be accepted and he should be taken back in the service of MCD. We order, accordingly. In the result, the Respondents are directed to take following action :-

(i) to issue an order accepting the withdrawal of resignation by the Applicant with effect from 31.1.2008,

(ii) to post him to the position as per his rank and entitlement,

(iii) From 31.01.2008 till the date Applicant rejoins his service in MCD, Respondents are directed to treat that period as spent on duty for all intents and purposes,

(iv) since the Applicant has not worked in this period the period may be regularized as leave admissible to the Applicant and the period should be treated as continuous service for him, Respondent-1 is directed to grant opportunity to the Applicant to present his grievances which shall be examined and orders passed as per law within a period of 3 months under intimation to the Applicant and

(vi) We are not passing any order with regard to the disciplinary case that was pending against the Applicant. In case the same is still pending, the Respondents are directed to finalise the same within 3 months period.

3. Briefly stating, the facts giving rise to this case are that the respondent Dinesh Kumar Sangal who was working as Assistant Engineer (Civil) with MCD was overburdened in his work. Accordingly, he gave various representations to the petitioners on 7.4.2003 and on various other dates ventilating his grievance that he has been looking after additional charges for certain posts which were vacant. He also apprised that in the absence of adequate staff, he had been overburdened and he might commit mistakes due to heavy work load that he was discharging. He also submitted a representation dated 13.08.2003 requesting for his transfer to a different post. The Deputy Commissioner, MCD, admitted in his communication dated 01.01.2001 written to the Additional Commissioner that there was acute shortage of staff in the Building Department of MCD and that the respondent looking after the work of Executive Engineer as well as seven other Assistant Engineers in the City Zone which happens to be a sensitive Zone, the Additional Commissioner, MCD, suggested that at least one post of Executive Engineer and three posts of Assistant Engineers should be filled up immediately, which would reduce the burden of the respondent.

4. Despite taking note of his grievances, the petitioner rather put respondent under suspension by alleging that he had committed misconduct and also initiated disciplinary proceedings against him but later on he was reinstated. He was also transferred many a times for which he felt harassed and frustrated and for which he submitted his conditional resignation vide letter dated 26.07.2007. The said letter, for the sake of reference, is reproduced hereunder:-

"To

The Commissioner

Municipal Corporation of Delhi

To