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2001 DIGILAW 1528 (SC)

Central Bank of India v. J. N. Nagpal

2001-09-13

DORAISWAMY RAJU, S.RAJENDRA BABU

body2001
ORDER : S. Rajendra Babu J. This appeal is directed against an order made in a second appeal. The respondent is employed in the establishment of the appellant . He tendered letter of resignation on 2.4.1988 though dated 1.7.1988 to be effective from 1.10.1988. Before that date he withdrew the resignation on 2.7.1988. The resignation was stated to have been accepted by the department on 6.9.1988 long after the withdrawal of the resignation made by the respondent. The High Court while affirming the judgment and decree passed by the trial Court as affirmed by the first Appellate Court found that two points had been raised before them firstly as to whether the respondent had withdrawn his resignation on 2.7.1988 and if so to what effect and secondly as to what is the effect of the acceptance of the resignation made by the respondent. 2. If on the first question the finding has been recorded that the resignation had already been withdrawn, when there was no move for resignation on the part of the respondent there was nothing for the appellant to accept it. The letter of resignation issued earlier became ineffective after withdrawal. In that view, the decree of the trial Court and the order of the First Appellate Court and the affirmation made by the High Court in Second Appeal appear to us to be in order and do not call for any interference. The appeal stand dismissed accordingly.