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2021 Supreme(Del) 2121

MANMOHAN, NAVIN CHAWLA
Bijender Yadav – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
M.K. Bhardwaj, Advocate, Jaswinder Singh, Advocate, Kavindra Gill, Advocate

JUDGMENT

Manmohan, J. - The petition has been heard by way of video conferencing.

2. The present writ petition has been filed challenging the order dated 14th May, 2019 passed by the Central Administrative Tribunal (CAT) in OA No. 1503/2019. Petitioner also challenges the letter dated 17th January, 2019, 27th November, 2019 and 01st November, 2017 and prays for a direction to the respondents to reinstate the petitioner in service as Scientist 'E' with all consequential benefits.

3. Learned counsel for the petitioner states that the CAT failed to consider that the petitioner had neither resigned nor intended to resign from his post in Defence Research and Development Organisation (DRDO) and the same is evident from the alleged resignation letter dated 10th August, 2017. He emphasizes that the petitioner by way of the said letter had only sought a transfer to a family station as his wife was unwell.

4. He also submits that the CAT erred in holding that the petitioner could not withdraw his alleged resignation inasmuch as Rule 26(4) of CCS (Temporary Services) Rules 1965, permits a government servant to withdraw his resignation prior to its acceptance.

5. A perusal of the paper book reveal

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