Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Education/Educational institutions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Education/Educational institutions:Delhi School Education Act, 1973 - s. 114A - Delhi School Education Rules, 1973 - s. 114(a) - Teacher submitted resignation on 17-03-1997-Resignation accepted by school on 19-03-1997 - Teacher directed to be relieved of his duties w.e.f. 17-06-1997 - Writ petition by teacher pleading that acceptance of resignation was illegal as he had withdrawn the resignation on 18-03-1997 - Finding of fact by Single Judge of High Court that the purported letter of withdrawal dated 18-03-1997 was not received by school - Writ petition filed by teacher accordingly dismissed - Division Bench of High Court did not interfere with such finding of fact, however held that as the teacher was to be relieved w.e.f. 17-06-1997, he could have withdrawn his resignation on any day prior thereto and as he had withdrawn his resignation prior to 17-06-1997, the question of acceptance of his resignation by school did not arise-Propriety of-Held, not proper - Acceptance of the resignation was not made effective from any future date-Resignation having been accepted, only because the teacher was to be relieved w.e.f. 17-06-1997 that did not mean that even thereafter it was open to him to withdraw his resignation - In fact, if the letter dated 18-03-1997 is excluded from consideration, the teacher had not withdrawn his resignation at all - Service Law - Resignation - Withdrawal of.First Respondent, teacher, submitted his resignation to Appellant school on 17-03-1997. The resignation was accepted by the Managing Committee of Appellant school on 19-03-1997 vide a resolution passed through circulation. By a subsequent letter, Appellant informed First Respondent about the acceptance of his resignation. In terms of the said letter, First Respondent was to be relieved w.e.f. 17-06-1997. On receipt of the said letter, First Respondent sent letter dated 15-05-1997 alongwith a letter dated 18-03-1997, indicating withdrawal of resignation, as also a telegram dated 14-05-1997, and on that ground contending that the acceptance of his resignation was illegal and invalid. Subsequently, First Respondent filed a writ petition.A Single Judge of the High Court on perusal of the original records of Appellant school arrived at the finding that the purported letter dated 18-03-1997 was never received by Appellant-school and accordingly dismissed the writ petition. Division Bench of the High Court did not interfere with the finding of fact arrived at by the Single Judge regarding the purported letter dated 18-03-1997, however, set aside the order of the Single Judge holding that as the First Respondent was to be relieved with effect from 17-06-1997, he could have withdrawn his resignation on any day prior thereto and as he had withdrawn his resignation prior to 17-06-1997, the question of acceptance of his resignation by the Appellant did not arise. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 950 |
Petitioner | Modern School |
Respondent | Shashi Pal Sharma And Ors. |
SCR | [2007] 10 S.C.R. 76 |
Judgement Date | 2007-09-18 |
Case Number | 4343 |
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