Suresh Rathore vs State of Uttarakhand and Others

Prafulla C. Pant, J.—Heard. This appeal is directed against order dated 13.9.2012, passed by learned single Judge, of this Court in Writ Petition (M/S) No. 1970 of 2012, whereby said Court has dismissed the writ petition filed by the petitioner/appellant.

Brief facts of the case are that the writ petitioner was appointed as Vice Chairman of Uttarakhand Scheduled Castes and Scheduled Tribes Commission on 19.1.2010. It is admitted to the writ petitioner that he resigned from the said post vide his letter dated 7.1.2012. The petitioner filed a writ petition seeking quashing of the notification dated 7.1.2012, issued by Principal Secretary/Commissioner Social Welfare Department, Government of Uttarakhand, whereby the resignation was accepted. He further sought direction of this Court to continue to function as Vice Chairman of the Commission. In the counter-affidavit filed before the learned single Judge, it is stated that the writ petitioner/appellant submitted his resignation before the Assembly Elections as he intended to contest the election from the constituency Bhagwanpur, District Haridwar, and after acceptance of the resignation, he has no right to continue and function as Vice Chairman of State Scheduled Castes and Scheduled Tribes Commission.

Learned single Judge, dismissed the writ petition as the resignation submitted by the writ petitioner/appellant was accepted and communicated to him.

Learned counsel for the appellant submitted that the communication of acceptance of the resignation was made to the Commission only on 21.8.2012. As such, he was lawfully discharging his functions as Vice Chairman of the Commission.

Sub-section (2) of Section 5 of Uttaranchal Commission of Scheduled Castes and Scheduled Tribes Act, 2003 (Uttaranchal Act No. 8 of 2003) governs the field relating to the resignation by a Member of the Commission. Sub-section (2) of Section 5 of the Act reads as under:--

(2) A member may at any time by writing under his hand addressed to the State Government resign from his office.

From the plain language of sub-section (2) of Section 5 of the Act, it is clear that a Member of Uttaranchal Commission of Scheduled Castes and Scheduled Tribes can leave the job by simply submitting his resignation in writing addressed to the State Government. Copy of the letter of resignation dated 7.1.2012, submitted by the writ petitioner/appellant Suresh Rathore, who was Vice Chairman of the Commission, reads as under:--

(Vernacular matter omitted)

The above mentioned letter clearly shows that the writ petitioner/appellant intended to leave the charge of his Office with immediate effect.

In the circumstances, we do not find substance in the argument advanced on behalf of the appellant that he has right to continue to hold the office, particularly, when he has not withdrawn the resignation and the same has already been accepted. As such, we do not find any illegality in the impugned order dismissing the writ petition. However, we are of the view that the observation made by learned single Judge, in Para No. 6 of his judgment was not necessary. Therefore, with the above observation this appeal is summarily dismissed.