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Judgment
T.S. Doabia, J.
Resignation - Petitioner submitting resignation - Bank asking reasons for submission of resignation - petitioner saying - "My mental equilibrium is not is not right - Held -It is not valid tender of resignation.
I am of the view that as the letter of resignation was to be effecture from 9.7.1993 and as before that he had indicated a reason, it cannot be said that the letter of resignation was unconditional. In any case the line reproduced above does indicate that petitioner had withdrawn his request for resignation. As such, the order by which his request was accepted, cannot be held to be valid. Petitioner would stand re-instated. (Para 2)
The brief fact for the purpose of this writ petition are as under :-
(1) On 9th of June 1993, petitioner submitted a letter purported to be a letter of resignation. He wanted that this letter of resignation to be accepted with effect from 9.7.93. It appears that he was asked to give some reason as to why he wanted to resign. He submitted that he was not in a fit mental state. The line written by him in the letter of resignation when rendered in English reads as under :-
My mental equilibrium is not right."
(2) The learned Counsel appearing for the respondent submits that the reading of the above line indicates that the petitioner wanted that his letter of resignation to be given effect to. I am of the view that the petitioner submitted his letter of resignation and later on he was asked to give the reason. He gave an explanation that earlier letter was written when he was not in proper control of his mental faculties. I am of the view that as the letter of resignation was to be effective from 9.7.1993 and as before that he had indicated a reason, it cannot be said that the letter of resignation was unconditional. In any case the line reproduced above does indicate that petitioner had withdrawn his request for resignation. As such, the order by which his request was accepted, cannot be held to be valid. Petitioner would stand re-instated. It is however, made clear that the petitioner would not be entitled to backwages.
Disposed of accordingly. Security, if deposited, be refunded, to the petitioner.