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2016 Supreme(J&K) 52

Mudasir Bashir – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Mr. Asif Maqbool.
For the Respondent: Mr. S.A. Makroo, ASGI.

JUDGMENT :

Muzaffar Hussain Attar, J.

1. The petitioners joined the service of respondents in Training Centre Barauni, Bihar on 27th December, 2005 & 29th December, 2005 respectively.

2. The petitioners, while undergoing basic training course, tendered their resignations, which were accepted by the Commandant T.C with effect from 20th March, 2006. The petitioners, thereafter, approached the respondents with the plea that the resignations, tendered by them, were not voluntary.

3. It was the case of the petitioners before the respondents that the resignations were tendered due to the threatening letters received by their parents from the militants. When the respondents did not take any action on the aforesaid claim of the petitioners, they (petitioners) filed writ petition-SWP 631/2009, which was disposed of by the Court vide its order dated 05th August, 2013. The Court, while disposing of the writ petition, observed that the respondents shall reexamine the issue of tendering of resignations of the petitioners in the light of the case set up by them in the writ petition. The Court also observed that the respondents were not expected to, summarily, accept the resignations of the petitione





















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