Braja Gopal Ghosh v. 1.Central Coalfields Limited, through its Chairman cum Managing Director, Ranchi 2. Personnel Manager
Case Details
In the matter of an application under Article 226 of the Constitution of India. W.P.(S) No. 5388 of 2006 Braja Gopal Ghosh ... Petitioner. ................. Versus 1.Central Coalfields Limited, through its Chairman cum Managing Director, Ranchi 2. Personnel Manager (M.P. (Estt.), Central Coalfields Limited, Ranchi 3. General Manager (P& IR), Central Coalfields Limited, Ranchi 4. Director (Personnel), Central Coalfields Limited, Ranchi 5. Staff Officer (P) (B&K), Kargali, Bokaro ... Respondents. For the Petitioner(s) For the Respondent(s) ........................ : M/s P.K.Sinha, Mr. Pandey Niraj Rai, Advocate. : Mr. Ananda Sen, Advocate ......................... PRESENT
Legal Reasoning
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR ------------- Reserved on 01/02/2013 Delivered on 08/02/2013 1. The petitioner has moved this court because his request recalling his letter of resignation has not been accepted by respondent authorities. 2. The petitioner was appointed on 13.11.1993 and he was posted as Trainee Category -I. It is the case of the petitioner that he suffered from depression, nervousness, physiological problem etc and therefore, he was undergoing treatment under Dr. Ashok Kumar Nag. On 17.07.2003 the petitioner was examined by Dr. Ashok Kumar Nag and he diagnosed that the petitioner was suffering from Severe Depression Psychosis. When the petitioner was suffering from such mental illness, he tendered his resignation by writing letter dated 16.07.2003. The said request of the petitioner was accepted by the authorities on 14.10.2003. 3. In the meantime, the wife of the petitioner wrote letter dated 11.08.2003 intimating the Director (Personnel), Central Coalfields Ltd that her husband is suffering from mental disturbance and therefore, his letter of resignation may not be accepted. Such letter was posted under certificate of posting and the postal receipt has also been filed along with
Decision
the writ petition. Again on 03.10.2003 the wife of the petitioner made similar request to the Director (Personnel) and again intimated the authority that her husband was undergoing treatment at Kanke, Mental Hospital, Ranchi. Thereafter, the wife of the petitioner and the petitioner -2- as well made representation dated 15.01.2004, 28.01.2004 and 15.03.2004. 4. By letter dated 15.04.2004 the matter regarding reconsideration of resignation of the petitioner was put up before competent authority and the said application was rejected being devoid of any substance. The petitioner again made representation on 02.01.2006 which was examined at company level and in view of rejection dated 15.04.2004 representation of the petitioner was again rejected and communicated to the petitioner by letter dated 26.06.2006. 5. Challenging those decisions of the respondents the present writ petition has been filed. A counter affidavit has been filed in which it has been admitted that the petitioner was sick from 25.06.2003 to 04.07.2003 and thereafter he joined duty on 05.07.2003. He was of sound mind and fully fit when he joined duty on 05.07.2003. His resignation letter dated 16.07.2003 was voluntary and it has been accepted w.e.f. 16.10.2003 and therefore, the subsequent letter for withdrawal of his resignation was not accepted by the authority. 6. Learned counsel for the petitioner has contended that in view of Section 12 of the Contract Act, the letter of resignation dated 16.07.2003 written by the petitioner is not a valid communication and, therefore, it cannot lead to a binding contract between the parties. He further submitted that an employee is entitled to withdraw the letter of resignation before it has been accepted by the authorities. He relies on the judgments reported in AIR 1978 SC 694, (1987) Suppl SCC 228, (1989) Suppl 2 SCC 175,