The main legal point established in the judgment is the consideration of the petitioner's request for immediate acceptance of resignation due to family survival, the subsequent withdrawal being deemed an afterthought, and the compliance with the Corporation's Service Rules, particularly Rule 11.1(iii)(b) and Rule 11.1(iii)(c). The judgment of the Apex Court in Shrikant S.M. vs. Bharat Earth Movers Limited and Union of India and ors. vs. Gopal Chandra Mishra and ors. influenced the court's decision.

J.K. Maheshwari, J.

1. This petition is filed invoking jurisdiction under Article 226 of the Constitution of India assailing the acceptance of the resignation dated 3-10-2005 Annexure-P/1 and the rejection of the request for withdrawal of the resignation vide letter dated 13-10-2005 (Annexure-P/2).

2. It is the case of petitioner that he had joined the respondent Corporation as Officer trainee on 9-1-1989 and confirmed with effect from 9-1-1990, he was promoted upto the Officer Grade-C. As per order dated 9-9-2004 and posted as Executive Operation Officer LPG Bottling Plant at Indore. Petitioner has submitted his resignation on 23-9-2005 addressed to General Manager LPG as per Annexure-P/4, due to insufferable humiliation and harassment at the hands of the respondents. It is further stated that the Corporation has framed their Service Rules, having application to all the officers including petitioner and published in the Personal Manual of the Corporation, the Rule 11.1 (iii) deals resignation. The petitioner has received the information through the Executive Director LPG by a registered letter accepting of his resignation Annexure-P/1 dated 3-10-2005. He has objected vide Annexure-P/6 dated 6-10-2006 and said acceptance of the resignation was unlawful, invalid and against the Rules of the Corporation. It is contended that he has withdrawn his resignation, prior to expiry of notice period of one month; however, rejection thereof by the Corporation as per letter dated 13-10-2005 Annexure-P/2 conveying to receive your that the cheques towards SBFS from the Plant Manager, LPG Plant Manual.

3. On 15-10-2005 petitioner was intimated telegraphically by the Plant Manager LPG Bottling Plant Indore to collect his dues from the Office; however, by another letter dated 25-10-2005 he had again asked to receive their dues, which was not responded by petitioner, therefore, a letter dated 9-11-2005, along with three cheques were sent to him settling the terminal dues which were not encashed and an intimation has been given in this respect vide Annexure-P/7 and P/10. Petitioner has contended that as per the rules of Corporation, if any departmental enquiry was pending against the employee his resignation could not have been accepted if tendered without sanction by the authority competent to dismiss him. It is said, an enquiry was pending against him; however, without prior sanction acceptance of his resignation was not valid; thus, acceptance of his resignation is contrary to the rules. It is further contended that an employee of the Corporation may resign either by giving one month notice or by depositing one month salary. In the present case he has not deposited one month's salary; however, acceptance of his resignation prior to one month on 3-10-2005 and communicated by the order impugned dated 30-9-2005 is arbitrary and with utmost haste with the bias intention, therefore also, the acceptance of his resignation is arbitrary. It is also said, he has applied for withdrawal of resignation on 6-10-2005, within one month, therefore, rejection thereof is illegal.

4. It is said that because the petitioner has raised various issues of corruption against the higher officers; however, the respondent Corporation had decided to quit him, and in activation to their motive the resignation of petitioner was accepted within one week, without expiry of notice period of one month, which was not permissible; however, the acceptance of his resignation vide letter dated 3-10-2005 Annexure-P/1 is illegal. It is also stated that a regular employee of the Corporation having legal right to withdraw his resignation prior to expiry of notice period i.e., one month; however, the letter of resignation dated 23-9-2005 ought to have treated as notice and must be accepted after one month, the acceptance of the resignation within 7 days is arbitrary. In support of his contention reliance has been placed on a judgment of the Apex Court in the case of Shrikant S.M. vs. Bh