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Rohan Singh v. State Of U.P. And Others - WRIT - A No. 323 of 2007 [2007] RD-AH 310 (5 January 2007)


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   Court No. 38

Civil Misc. Writ Petition No. 323 of 2007

Rohan Singh


State of U.P and others

Hon'ble V.K. Shukla,J.

Petitioner had been performing and discharging duties as Constable. Petitioner tendered is resignation and said resignation was duly accepted with effect from 01.01.1991 and  necessary communication was given to the petitioner. First Information Report was lodged against petitioner on 16.01.1991 under Section 420,467,468 and 471 IPC which was registered as Case Crime No. 65 of 1991. In the said Criminal Case petitioner was convicted and ultimately acquitted by Additional Session Judge, Agra vide order dated 09.06.2005. After being acquitted on 21.03.2006 petitioner applied for reinstatement and thereafter sent reminder for the same and as nothing was being done then petitioner has approached this Court.

Learned counsel for the petitioner contended with vehemence that in all eventuality respondents are liable to provide employment to the petitioner as he has been acquitted in Criminal case and inaction on the part of the respondent is unjustifiable.

Learned Standing on the other hand contended that petitioner's services has already come to an end as petitioner has tendered his resignation and the same was accepted w.e.f.01.01.1991 and the closed chapter cannot be permitted to be reopened.

After respective arguments have been advanced factual position which is emerging is to the effect that petitioner tendered his resignation on 01.01.1991 and the said resignation was duly accepted and necessary communication in this respect has been sent to the petitioner on 05.01.1991. At no point of time validity of said resignation has been questioned by the petitioner and petitioner in his turn has acquiesced to the same. Petitioner was arrayed as an accused in criminal case on the ground that he had procured appointment on the basis of fictitious certificate. In the said criminal proceedings ultimately, petitioner was acquitted by the competent Court. Acquittal in Criminal case is totally irrelevant to the resignation, which has been submitted by the petitioner on 01.01.1991, as tendering of resignation is altogether independent act and same has already attained finality.

Consequently relief which has been claimed cannot be accorded, as such writ petition is dismissed.

Dated 05.01.2006



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