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2000 Supreme(SC) 408

S.RAJENDRA BABU, S.SAGHIR AHMAD
Rajasthan State Electricity Board – Appellant
Versus
Brij Mohan Parihar – Respondent


S.RAJENDRA BABU, J.

(1) LEAVE granted.

(2) WE have heard learned counsel for the parties.

(3) THE respondent was an employee of the Rajasthan State Electricity Board. He submitted his letter of resignation on 10/10/1983 in which it was mentioned that the resignation will be effective from 25/11/1983. The learned single Judge and the Division Bench, both have recorded a finding that the respondent offered himself for duty on 22/8/1987 through his letter of even date. It was then that the Board made an order dated 24/8/1987 accepting the letter of resignation with effect from 25/11/1983 and treating the respondent as relieved from the forenoon of 25/11/1983. The learned single Judge and the Division Bench of the High Court have further held that a formal letter accepting the resignation should have been issued and since it was not done, the. respondent shall be deemed to have continued in service till 22/8/1987 when he reported to resume his duties.

(4) WE are not inclined to subscribe to this view. The respondent tendered his resignation vide his letter dated 10/8/1983 in which it was mentioned clearly that the resignation would be effectiv



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