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2015 Supreme(Del) 3495

SUNIL GAUR
SACHIN KUMAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. L.N. Anchal & Mr. A.K. Kaushik, Advocates
Mr. Anurag Ahluwalia, Central Government Standing Counsel for respondent No.1-UOI
Mr. Shivram, Advocate for respondents No.2 to 5

JUDGMENT :

1. Non acceptance of withdrawal of resignation is assailed by petitioner in this writ petition.

2. On 9th January, 2012, petitioner had resigned from the post of Deputy Manager (Kuwait) while he was under employment of second respondent and the ground of resignation was ‘personal reasons’. Petitioner had sought acceptance of resignation with immediate effect and wanted to be relieved by 16th January, 2012 after adjusting the balance leave against the notice period.

3. According to second respondent, petitioner’s resignation was accepted on 20th January, 2012 by relieving him w.e.f. 16th January, 2012, as sought by petitioner. For settlement of the outstanding dues, petitioner was advised to contact F & A Division of second respondent.

4. On 19th March, 2012 (Annexure P-2), petitioner had sought withdrawal of resignation. Vide letter of 17th April, 2012 (Annexure P-3), second respondent had issued Experience Certificate wherein the date of relieving was given as 16th January, 2012 but at the end of the letter, it was stated that this letter may be treated as relieving letter.

5. Petitioner claims to have represented to Chairman-cum-Managing Director of second respondent on 24t










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