Heard Mr. H.K. Mahanta, learned counsel for the petitioner and Mr. L.P. Sharma, learned counsel appearing for the respondents.

2. By way of this petition under article 226 of the Constitution of India, petitioner seeks quashing of order dated 25.7.2011 passed by the Managing Director, Assam State Warehousing Corporation (Corporation) releasing the petitioner from the service of the Corporation w.e.f. the date of tendering resignation, i.e., 16.03.2011 and for a direction to the respondents to allow him to rejoin service in the Corporation.

3. Facts of the case may be briefly noted.

4. Petitioner joined service in the Corporation as Warehouse Manager, Grade-II on 16.11.1999. At the relevant point of time, petitioner was serving in the Head Office of the Corporation.

5. By letter dated 11.3.2011 petitioner informed the Managing Director of the Corporation (respondent No. 3) that he was offered party ticket by Bharatiya Janata Party (BJP) to contest the Assam Legislative Assembly Election, 2011 from Batadrawa Constituency. He, therefore, requested respondent No. 3 to grant him lien for 6 (six) months w.e.f. 16.3.2011 to enable him to the contest the election. Respondent No. 3 informed the petitioner vide letter dated 23.3.3011 that no lien could be granted as the Assam State Warehousing Corporation (Staff) Regulation, 1989 does not have provision to allow its employees to contest in such election.

6. Petitioner wrote to the respondent No. 3 on 16.3.2011 submitting his resignation from the post he was holding and requested the said respondent to accept his resignation with immediate effect, i.e., 16.3.2011.

7. On receipt of the said application from the petitioner, respondent No. 3 passed an order dated 6.4.2011 accepting the resignation tendered by the petitioner subject to re-payment of the advance/loan amount that stood in the name of the petitioner and clearance of dues/liabilities towards the Corporation. .

8. According to the petitioner, he was not in a position to refund the money which stood outstanding against his name to the Corporation. In such circumstances, petitioner submitted letter dated 16.5.2011before the respondent No. 3 withdrawing his resignation letter dated 16.3.2011 and requesting the said respondent to allow him to join his duty. As no decision was taken, petitioner submitted representation dated 21.5.2011 to the Principal Secretary to the Government of Assam, Co-operation Department (respondent No. 1) requesting him to direct the Corporation to take immediate action on his application dated 16.5.2011.

9. Thereafter, respondent No. 3 passed the impugned order dated 25.7.2011 stating that in view of non-repayment of dues by the petitioner, such amount would be adjusted from his service benefits payable on resignation and that he was released from the service of the Corporation w.e.f. the date of his tendering resignation, i.e., 16.3.2011 as accepted vide order dated 6.4.2011.

10. Aggrieved, petitioner has preferred the present writ petition seeking the reliefs as indicated above.

11. Petitioner has contended that order dated 6.4.2011 cannot be said to be an acceptance of his resignation inasmuch as it was conditional. Subject to clearance of the pending dues, it was stated that the resignation of the petitioner was accepted. Since petitioner could not re-pay the outstanding dues and withdrew his resignation by letter dated 16.5.2011, there was no resignation in the eye of law and, therefore, the impugned order dated 25.7.2011 releasing the petitioner from the service of the Corporation w.e.f. from the date of resignation is of no legal consequence.

12. This court by order dated 24.8.2011 had issued notice on the writ petition.

13. Respondent Nos. 2 and 3 have filed counter affidavit. Stand taken is that the Corporation had accepted the resignation of the petitioner w.e.f, 16.3.2011. The amount due to the Corporation had been adjusted from the amount payable to the petitioner and he was released from service w.e.f. 16.3

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