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VIVEK CHAUDHARY
Priyanka Garg – Appellant
Versus
State of U. P. , Thru. Addl. Chief Secy. /Prin. Secy. Medical – Respondent
JUDGMENT :
1. Heard learned counsel for petitioner Sri Gaurav Mehrotra & Sri Abhinit Jaiswal and learned Standing Counsel for the State.
2. Despite the best efforts of all still, how a working woman can be harassed even in this era is reflected in the facts of the present case. Petitioner, a doctor by qualification, after getting selected by U.P. Public Service Commission, in furtherance of appointment letter dated 01.09.2010, joined as a lecturer at the Lala Lajpat Rai Memorial Medical College, Meerut & was subsequently promoted to the post of Associate Professor. On 19.09.2018, the petitioner was transferred from Meerut Medical College to Saharanpur Medical College. Though the petitioner has challenged the aforesaid transfer order, it could not succeed. Meanwhile, the State Government made an arrangement vide Office Memorandum dated 19.07.2019 whereby the petitioner along with some other Doctors were directed to render their services at Saharanpur Medical College along with the previous place of posting of petitioner i.e., Meerut Medical College.
3. The petitioner by means of several applications expressed her difficulty in rendering the services & sought child-care leave on account
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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....
The acceptance of resignation was invalid due to non-timely action by the department and discriminatory practices in handling similar cases.
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
The main legal point established in the judgment is that a government servant can withdraw their resignation before its acceptance, as provided under Rule 7 of the Uttar Pradesh Government Servants R....
The court established that under the West Bengal Service Rules, an appointing authority cannot arbitrarily refuse a resignation once it has been duly submitted.
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