( 1 ) THE petitioner has brought under challenge the impugned order of acceptence of resignation alleged to have been tendered somewhere in the year 1985 and/or 1986 under Article 226 of the Constitution of India.

( 2 ) THE inpugned order of acceptance of resignation is dated 20. 12. 1990, that is to say, it is passed after a lapse of about 5 years. The facts of the petitioners case, shortly stated, are: the petitioner was appointed and serving as Civil Supervisor in the office of executive Engineer (R and B), Vadodara. since 6th December 1976. The petitioner had an occasion to obtain No Objection Certificate for proceeding to U. S. A. and he in fact had an occasion to proceed to U. S. A. and after return from U. S. A to resume his duty as Civil supervisor at Vadodara. It is the case of the petitioner that he was thereafter required to proceed on leave upto 20. 6. 1985 and was to resume duty on 21. 6. 1985. However, due to his illness he could not join duty between 21. 6. 1985 and 7. 2. 1986. As stated in his application dated 7. 2. 1986 wherein he had pointed out the fact with regard to his ill-health. He submitted necessary medical certificates in that respect. H