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2005 Supreme(Gau) 574
GAUHATI HIGH COURT
B.K.Sharma, J.
Munna Bhattacharjee -Appellant
Versus
State of Meghalaya -Resopndent
W.P.(C) No. 22 (SH) of 2004
Decided On : 09-08-2005
B.N.Dutta, L.Lyngdoh, B.Dutta , B.Bhttacharjee, V.K.Jindal
The main legal point established in the judgment is that a party approaching the court must come with clean hands and must not manipulate records or suppress material facts. The doctrine of estoppel was also applied to deny relief to the petitioner.
Headnote:
Resignation - Challenge to Acceptance of Resignation - [Service, Resignation, School] - The court discussed the legality and validity of the acceptance of the petitioner's resignation from service. The key legal provisions discussed include the principles of estoppel and the doctrine of clean hands. The court found that the petitioner manipulated records, suppressed material facts, and approached the court with unclean hands, disentitling her to any relief. The court also found that the petitioner's conduct estopped her from challenging the acceptance of her resignation. As a result, the court dismissed the writ petition.
Fact of the Case:
The petitioner challenged the acceptance of her resignation from service, claiming she never submitted a resignation letter and had no intention to resign. The respondents highlighted the petitioner's irregular service and presented evidence of her resignation letter and subsequent conduct.
Finding of the Court:
The court found that the petitioner manipulated records, suppressed material facts, and approached the court with unclean hands, disentitling her to any relief. The court also found that the petitioner's conduct estopped her from challenging the acceptance of her resignation.
Issues: The issues were whether the petitioner was guilty of suppression of material fact and manipulation of records, and whether the respondents were justified in accepting the petitioner's resignation.
Ratio Decidendi: The court held that the petitioner's conduct estopped her from challenging the acceptance of her resignation. The court also applied the principles of estoppel and the doctrine of clean hands to deny the petitioner any relief.
Final Decision: The court dismissed the writ petition, finding the petitioner not entitled to any relief due to her conduct and estoppel.
This writ petition has been filed challenging the legality and validity of the action of the respondents in accepting the purported resignation of the petitioner from service. The petitioner has challenged the Annexure-7 certificate dated 04.04.02 issued by the Joint Secretary of Laban Bengalee Girl's Higher Secondary School, Shillong certifying her service as Assistant Teacher from the school from 01.08.96 till she resigned from service w.e.f. 11.02.02, by filing the instant writ petition on 30.01.04.
2. The facts narrated in the writ petition are that the petitioner-was appointed as Assistant Teacher in the school by an order dated 09.08.96 and her service was confirmed by order dated 10.05.2000. According to her she had been discharging her duties most diligently to the satisfaction of all concerned and there was no blemish in her service career. She had to take maternity leave from 12.03.01 to 19.06.01, but had to extend her leave on medical advice. She resumed her duties on 10.12.01 by furnishing medical certificate and joining report and continued to attend her duties till 19.12.01 after which the school was closed on account of winter vacation.
3. On 19.12.01, the petitioner was served with a copy of the resolution dated 12.12.01 passed by the Managing Committee of the school wherein it was stated that her joining report would be accepted only after reopening of the school on 08.02.02. On reopening of the school on 08.02.02, the petitioner had gone to the school and made an enquiry about the acceptance of her joining report by the Managing Committee of the school, but she was not given any satisfactory reply. On 12.03.02 she was served with a show cause notice issued by the Secretary of the Managing Committee of the school to show cause as to why her service would not be terminated for her unauthorized absence from duty from 07.12.01 to 12.02.02. On receipt of the show cause notice, the petitioner submitted her reply dated 27.03.2002 (Annexure-5) stating the factum of her taking her maternity leave and the extension thereof.
4. In paragraph 13 of the writ petition, the petitioner has stated that she was surprised to receive the impugned certificate dated 04.04.02 Annexure-7 certifying her service in the school from 01.08.96 to 11.02.02 with effect from which date she had purportedly resigned from service. It is the case of the petitioner that at no point of time she had submitted resignation letter to the school authority nor expressed any intention to do so before the respondents No. 4 and 5. In this regard the statements made by her in paragraph 14 of the writ petition is quoted below:
"14. That the petitioner states that at no point of time she has submitted any resignation letter to the school authorities nor expressed any intention to do the same and respondents No. 4 and 5 are put to the strictest proof thereof. The petitioner further submits that she being a teacher of the Higher Secondary section, the Joint Secretary of the High and Primary section of the School was not the competent authority to issue any such certificate in any case." 5. On 11.08.03, the petitioner submitted a representation to the respondent No. 5 to arrange release of her outstanding dues and thereafter on 21.08.03 she was paid a sum of Rs. 30,3297- as her outstanding dues. The letter by which the petitioner asked for her dues (Annexure-8) as quoted below: "From,
Munna Bhattacharjee
C/o. Shri M.N. Bhattacharjee
Amzad Ali Road, Laban Shillong-793004
To,
The Headmistress
Laban Bengalee Girls' Higher Secondary School
Madam,
I request you to arrange payment of my dues along with a list of items comprising the total. Further, kindly fix a date on which I should come to receive the amount.
Kindly acknowledge the receipt of the letter.
Thanking you, Yours faithfully
Munna Bhattacharjee Dated llth August, Shillong"
6. The petitioner made a representation before the respondent No. 3, i.e. the Inspector of Schools, East Khasi Hills District, Shil
