Cannot Withdraw Resignation Once It Is Accepted: Madhya Pradesh High Court Refuses Relief To Police Constable Who Resigned In 1994
1 year, 2 months ago

Cannot Withdraw Resignation Once It Is Accepted: Madhya Pradesh High Court Refuses Relief To Police Constable Who Resigned In 1994

Live Law  

The Madhya Pradesh High Court, Jabalpur Bench, has emphatically laid down that once the application for resignation of an employee has been accepted, there cannot be any withdrawal of the same. ".once the resignation was accepted, there cannot be any withdrawal as the bilateral relationship of Master and Servant has seized to exist," Justice Vivek Agarwal declared recently, while. ".once the resignation was accepted, there cannot be any withdrawal as the bilateral relationship of Master and Servant has seized to exist," Justice Vivek Agarwal declared recently, while considering the plea of a Police Constable who sought reinstatement in service, sixteen years after his resignation had been accepted. On the question as to whether the Government could now permit such an employee to withdraw such an application for voluntary resignation, the Court took note that in P. Lal v. Union of India, the Apex Court had laid down that the moment the Government accepted the notice for voluntary retirement, the retirement would become effective and the relationship of Master and Servant would stand severed.

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History of this topic

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges
3 months ago

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges

India Today  

The Supreme Court on Tuesday reserved its order on the suo motu writ petition registered in connection with the termination of services of six female civil judges by the Madhya Pradesh government, of which two are yet to be reinstated. On the last date of hearing, the top court had slammed the state high court for terminating the services of …

Employee Can Join New Employer After Previous Employer Rejects Offer
4 months, 2 weeks ago

Employee Can Join New Employer After Previous Employer Rejects Offer

Live Law  

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the employee's failure to provide a relieving letter within the stipulated time period was the sole reason for the revocation of his appointment. The court allowed …

Employee Can Join New Employer After Previous Employer Releases Him
4 months, 2 weeks ago

Employee Can Join New Employer After Previous Employer Releases Him

Live Law  

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the only reason for revoking the joining of the employee was that he was unable to furnish a relieving letter from BVFCL, as per the undertaking …

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges
1 year ago

Supreme Court Informed Of Madhya Pradesh High Court's Refusal To Reconsider Dismissal Of 6 Women Judges

Live Law  

In a suo motu writ petition registered wrt simultaneous termination of services of 6 female civil judges in Madhya Pradesh, the Supreme Court was recently apprised that the Administrative Committee of the State High Court has resolved to not re-consider its earlier decision.Taking note, the Bench of Justices BV Nagarathna and AG Masih gave time to the parties to file …

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates
1 year, 5 months ago

Contracts Of Employment Not Specifically Enforceable When There Is No Element Of Statutory Governance: Madhya Pradesh High Court Reiterates

Live Law  

Madhya Pradesh High Court has recently made an observation that when contracts of employment are governed purely by the terms of the contract without any element of statutory governance, such contracts that determine the relationship between the master and the servant are not specifically enforceable. Goyal reported in 2008 SCC 92 wherein the Apex Court held that when the relationship …

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court
1 year, 6 months ago

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently invalidated a transfer order and a relieving order issued to an individual holding the position of Superintendent Engineer within the M.P. The division bench of Justices S. A. Dharmadhikari and Hirdesh observed, “Admittedly, there is approval of the Managing Director before passing the impugned transfer order and relieving order. The appellant had challenged a …

Ex-Maha Guv says ’if resignation reaches my desk..’ to SC’s ‘erred in judgement’
1 year, 10 months ago

Ex-Maha Guv says ’if resignation reaches my desk..’ to SC’s ‘erred in judgement’

Live Mint  

The Maharashtra political debacle of Shiv Sena and their petition in Supreme Court of India received a verdict on Thursday. The verdict delivered by a bench headed by Chief Justice of India DY Chandrachud ruled that the former Maharashtra Governor Bhagat Singh Koshyari was "not justified" to call for a floor test based on the request of Eknath Shinde faction …

Supreme Court Grants Pensionary Relief To Govt Servant Caught Up In Dispute Over Resignation
2 years ago

Supreme Court Grants Pensionary Relief To Govt Servant Caught Up In Dispute Over Resignation

Live Law  

The Supreme Court recently granted pensionary benefits to an auxiliary nurse working in service of Gujarat Government, who was embroiled in a long drawn litigation over a decision taken by her in 1993 to withdraw her resignation. However, the State passed an order on April 8, 2002 holding that the period from 24 November 1993 to 30 March 2001 would …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
2 years, 2 months ago

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted

Live Law  

The High Court of Madhya Pradesh,Indore Bench recently allowed an application under Order 23 Rule 1 and 3 of the CPC moved by a litigantto withdraw his suit with liberty to file it afresh, more than seven years after the case was instituted before a Civil Judge in Dewas. Thus in my opinion the reasons given by theplaintiff in his …

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh
3 years, 1 month ago

Candidates Cannot Change Domicile Status In Counselling Form After Last Date Of Registration: High Court Of Madhya Pradesh

Live Law  

The High Court of Madhya Pradesh recently dismissed a petition filed by a NEET candidate seeking directions of the Court to allow him to change his domicile status to M.P. Citing Rule 6 of the Madhya Pradesh Medical Education Admission Rules, 2018, the division bench of Justice Sujoy Paul and Justice Arun Kumar Sharma held- The language of Rule 6 …

MP officer who alleged sexual harassment by High Court judge to be reinstated
3 years, 1 month ago

MP officer who alleged sexual harassment by High Court judge to be reinstated

India TV News  

MP officer who alleged sexual harassment by High Court judge to be reinstated A bench of Justices L Nageswara Rao and B R Gavai set aside the order accepting her resignation and directed her reinstatement as additional district judge in the Madhya Pradesh judiciary. A bench of Justices L Nageswara Rao and B R Gavai set aside the order accepting …

Special Leave Petition Against A Review Order Alone Is Not Maintainable, Reiterates Supreme Court
3 years, 1 month ago

Special Leave Petition Against A Review Order Alone Is Not Maintainable, Reiterates Supreme Court

Live Law  

The Special Leave Petition against a review order alone is not maintainable, the Supreme Court reiterated in a recent order.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed thus while dismissing a special leave petition filed against an order passed by Madhya Pradesh High CourtThe bench noted that the petitioner had earlier withdrawn the Special Leave Petition. The …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 6 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court
3 years, 7 months ago

Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has recently observed that automatic confirmation cannot be claimed as a matter of right after the expiry of probation period, unless there is a vacancy for the same job. One of the conditions of the appointment order was that in the light of Rule 12 of the Madhya Pradesh Government Servants Rules, 1960, the petitioner's …

CJI Hints At 'Peaceful Conclusion' For Case Of ADJ Who Had To Resign After Accusing HC Judge Of Sexual Harassment
5 years, 1 month ago

CJI Hints At 'Peaceful Conclusion' For Case Of ADJ Who Had To Resign After Accusing HC Judge Of Sexual Harassment

Live Law  

The Supreme Court on Tuesday heard the plea seeking reinstatement of an Additional District Judge in Madhya Pradesh who had to resign after raising sexual harassment allegations against Madya Pradesh High Court judge Justice S.K. Gangele.Chief Justice of India S A Bobde, heading the bench, asked Senior Advocate Indira Jaising, lawyer of the former ADJ, whether she would be. Chief …

Telangana Ministers Rule Out Taking Back Resignations
15 years, 2 months ago

Telangana Ministers Rule Out Taking Back Resignations

India TV News  

Andhra Pradesh ministers from the Telangana region on Monday ruled out withdrawal of their resignations until the Congress high command comes out with a "categorical time frame" for the formation of a separate state. At the same time, the ministers, who have sent a common resignation letter to Congress chief Sonia Gandhi, said this does not mean "blackmailing" the party …

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