Resignation once accepted cannot be taken back: Delhi High Court

The Delhi High Court on Monday observed that once a resignation is accepted, it cannot be taken back by the person who sought the resignation. (Moharram Ali Khan v Jamia Milia Islamia and Ors.) .The order was passed by Justice V Kameswar Rao. .In the case before the Court, the Judge also rejected the petitioner's argument that he did not receive the order issued by the University accepting his resignation since such an order had been issued pursuant to the petitioner's request. ."In any case, if the request of the petitioner for EOL (Extraordinary Leave) was rejected, he could not have left the University for taking the assignment in Saudi Arabia. He should have at least made inquiries about his resignation, before leaving for Saudi Arabia. A resignation once accepted cannot be taken back", the Court said.In the present matter, the petitioner was a professor of mathematics at the University of Jamia Milia Islamia (JMI), who had applied for the post of Professor at the King Abdulaziz University, Saudi Arabia. .He sought for a ‘No Objection Certificate’" or a grant of Extra Ordinary Leave (EOL) from the Jamia University. However, the request was rejected by the University through a letter dated August 20, 2010..The petitioner told the Court that he then spoke to the Vice-Chancellor of the JMI, who assured him that his request for EOL will be favorably considered..Relying on the aforesaid assurance, the petitioner said that he left to join King Abdulaziz University for one year on contract. .After completing one year in Saudi Arabia, he came back to India on August 25, 2011, and reported for duty at Jamia University. However, his request for re-joining was denied, which prompted him to move the High Court for relief. Advocate Naginder Benipal appeared for the petitioner..He contended that neither had the petitioner received any order from Jamia regarding the acceptance of the resignation, nor had he been made to follow the process of handing over the charge to his successor. .Therefore, the Jamia's contention that the petitioner had resigned from the post before going to Saudi Arabia is untenable, it was argued..Standing Counsel Fuzail Ahmad Ayyubi, appearing on behalf of Jamia Milia Islamia, brought the Court's attention to a letter dated September 21, 2010..In the said letter, the petitioner had sought an EOL and, alternatively, also expressed his desire to resign from the post of Professor at Jamia, the Court was told..This request was accepted by the University and an order dated September 29, 2010, was also issued accepting the request of the petitioner to resign, the Court was told..Ayyubi further explained that the petitioner had voluntarily left for Saudi Arabia, despite his request for EOL being rejected. Since the petitioner submitted his resignation himself, he cannot contest the same now, it was argued..After hearing both the counsel at length, the Court was not inclined to allow the petition. Accordingly, the petition was dismissed for not having merit.."I find that petitioner has resigned which request having been accepted, he cannot be allowed to rejoin his duties. In the facts of this case, I do not see any merit in the petition. The same is dismissed", the Court said. .[Read Order]