SANDEEP SHARMA
Sanot Cooperative Agriculture Service Society – Appellant
Versus
Joint Registrar (Credit) Cooperative Societies – Respondent
JUDGMENT :
Sandeep Sharma, J.
By way of present petition filed under Art.227 of the Constitution of India, the petitioner society has laid challenge to order dated 13.6.2022 passed by respondent No.1, whereby appeal preferred by the respondent No. 3 has been allowed and Resolution No. 1(2), dated 1.4.2022 passed by the petitioner society, thereby accepting the resignation dated 31.3.2022 tendered by respondent No.3, from the post of Salesman in society has been set aside
2. For having bird’s eye view of the matter, relevant facts may be summed up thus. Respondent No.3 Kamal Nain, who was working as a Salesman in petitioner Society since 8.3.2010, tendered a resignation on 31.3.2022 to the President of the society, thereby resigning from the post of Salesman (Annexure P-2). In the end, the respondent No.3 specifically stated that “Mujhe mansik taur se pareshan kiya jar aha hai, jis karan, mein apni naukdi chhod raha hoon.” Accordingly, vide resolution No. 1(2) dated 1.4.2022 passed by the Managing Committee of the petitioner society, the resignation was accepted. Later on, respondent No.3 files an appeal under Clause 21 of the Compendium of Instructions and Working Guidelines issued by
Shriram Swami Shikshan Sanstha v. Education Officer, Zilla Parishad, Nagpur
Resignation means spontaneous relinquishment of one's own right and in relation to an office, it connotes act of giving up or relinquishing office.
The main legal point established in the judgment is that the resignation was voluntary, the sexual harassment complaint lacked nexus with the resignation, and the acceptance of the resignation severe....
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
Non-communication of acceptance of resignation does not invalidate the resignation, and the resignation becomes effective on its acceptance, even if the acceptance is not communicated, as long as the....
A resignation cannot be withdrawn after its acceptance.
A resignation accepted unconditionally cannot be withdrawn unilaterally, and a suit for declaration regarding continuation in service is not maintainable if the employee is not classified as a workma....
An employee cannot withdraw his resignation after it has been accepted by the employer.
A resignation tendered by an employee voluntarily, unless accepted, cannot bring an end to the employment contract, as per Clause 20 of the employment contract and Rule 36 of the Gujarat Civil Servic....
The court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.
A resignation from government service is effective only upon acceptance by the appointing authority, and the employer has the right to reject it if conditions for resignation are not met.
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