Rajesh Prasad Lama v. Bihar State Copt.Land Devp.Ban

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4034 of 2009 =========================================================== Rajesh Prasad Lama S/o Shri Sukh Ram Prasad, resident of village +PO+PS Chutia, District Ranchi, Jharkhand, at present residing in the house of Ramyatan Rai, Dakshini Mandiri, South Kathpul, P.S. Kotwali, District Patna .... .... Petitioner/s

Versus

1. Bihar State Cooperative Land Development Bank Ltd. Budh Marg, Patna through its Chairman.

2. The Chairman, Bihar State Cooperative Land Development Bank Ltd. Budh Marg, Patna

3. The Managing Director, Bihar State Cooperative Land Development Bank Ltd. Budh Marg, Patna

4. The Statistical Officer, Bihar State Cooperative Land Development Bank Ltd. Budh Marg, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Abhay Krishna, Advocate For the Respondent/s : Mr. Rajesh Pd. Choudhary, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 10-02-2017 Heard both sides.

2. The petitioner has filed this writ petition for quashing the order dated 31.12.2008, as contained in memo No. 2671 (Annexure-4), by which resignation of the petitioner was accepted with effect from 24.09.2008.

3. The learned counsel for the petitioner submits that, of course, the petitioner filed a petition on 24.09.2008 that he was not in a position to discharge his official duty on account of illness of his wife but two days after submission of resignation letter, wife of the petitioner and petitioner also filed petitions to withdrawn the resignation letter but no

Patna High Court CWJC No.4034 of 2009 dt.10-02-2017 order is passed by the authorities.

4. On the other hand, the learned counsel for the Bihar State Cooperative Land Development Bank, has submitted that Annexure-2 and Annexure-3 filed by the petitioner and his wife, i.e. the petitions for withdrawal of resignation letter, are not on record. The resignation of the petitioner has already been accepted with effect from 24.09.2008 and there is no question that the petitioner be allowed to work on the post of driver.

5. After hearing the parties and on consideration of the facts, I find that the resignation of the petitioner has already been accepted and, therefore, there is no question of reconsideration of the petition of petitioner to recall his resignation letter.

This writ petition is devoid of any merit and the same is, accordingly, dismissed.

(Prabhat Kumar Jha, J) BKS/- AFR/NAFR NAFR CAV DATE N.A Uploading Date 14.02.2017 Transmission Date N.A.