Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Resignation-Charge of negligence against Doctor-Suspended pending domestic enquiry-Letter expressing her intention to resign-Treated as resignation-Held, the letter would not amount to resignation since it did not convey any spontaneous intention to give up or relinquish office accompanied by any act of relinquishment. Words and Phrases-'Resignation'-Meaning of.Appellant-doctor was charged for negligence and for acting against medical ethics. She was placed under suspension pending institution of domestic enquiry. She wrote a letter expressing her intention to resign if her claims in respect of the alleged lapse are not viewed favourably. Competent authority treated her letter as letter of resignation and accepted the resignation. In response to the letter withdrawing the domestic enquiry in view of her resignation appellant stated that she never resigned but had shown only intention to resign and she requested for rectifying the mistaken understanding of her earlier letter. The authority declined to reconsider the matter. She filed writ petition before High Court which was dismissed. In appeal to this Court the question for consideration was whether the letter by the appellant could be construed to mean or would amount to a letter of resignation or merely an expression of her intention to resign. |
Judge | Hon'ble Mr. Justice Doraiswamy Raju |
Neutral Citation | 2002 INSC 530 |
Petitioner | Dr. Prabha Atri |
Respondent | The State Of U.p. And Ors. |
SCR | [2002] Supp. (5) S.C.R. 27 |
Judgement Date | 2002-12-11 |
Case Number | 8317 |
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