Sxxxx v. Union Of India & Others
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&&'( ) Whether the refusal and delayed acceptance of the Petitioner's resignation was lawful, and whether the Petitioner is entitled to salary and consequential benefits for the period between tendering of resignation and its formal acceptance?
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Till the resignation is accepted by the appropriate authority in consonance with the rules governing the acceptance, the public servant concerned has locus paenitentiae but not thereafter. Undue delay in intimating to the public servant concerned the action taken on the letter of resignation may justify an inference that resignation has not been accepted.
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& "11. In R.N. Gosain v. Yashpal Dhir, AIR 1993 Supreme Court 352, this Court observed as under :3 "10 "Law does not permit a person to both approbate and reprobate. This principle is based on the doctrine of election which postulates that no party can accept and reject the same instrument and that "a person cannot say at one time that a transaction is valid and thereby obtain some advantage, to which he could only be entitled on the footing that it is valid, and then turn round and say it is void for the purpose of securing some other advantage."
12. The doctrine of election is based on the rule of estoppel3 the principle that one cannot approbate and reprobate inheres in it. The doctrine of estoppel by election is one of the species of estoppels in pais (or equitable estoppel), which is a rule in equity. By that law, a person may be precluded by his actions or conduct or silence when it is his duty to speak, from asserting a right which he otherwise would have had. Taking inconsistent pleas by a party makes its conduct far from satisfactory. Further, the parties should not blow hot and cold by taking inconsistent stands and prolong proceedings unnecessarily."
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9. A party cannot be permitted to "blow hot3blow cold", "fast and loose" or "approbate and reprobate". Where one knowingly accepts the benefits of a contract, or conveyance, or of an order, he is estopped from denying the validity of, or the binding effect of such contract, or conveyance, or order upon himself. This rule is applied to ensure equity, however, it must not be applied in such a manner, so as to violate the principles of, what is right and, of good conscience. $ $ " : -
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&&'( ) Whether this Court, in exercise of its writ jurisdiction under Articles 226 and 227 of the Constitution, ought to grant reliefs pertaining to allegations of sexual harassment at workplace, once the competent authorities have already acted upon such complaints?
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7 "18. The disciplinary authority, on scanning the inquiry report and having accepted it, after discussing the available and admissible evidence on the charge, and the Central Administrative Tribunal having endorsed the view of the disciplinary authority, it was not at all open to the High Court to re3appreciate the evidence in exercise of its jurisdiction under Article 226/227 of the Constitution of India."
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) > > ? 4 /"::02 1 4 3:6" 6 " 6 "The legal position is well settled that the power of judicial review is not directed against the decision but is confined to the decision making process. The Court does not sit in judgment on merits of the decision. It is not open to the High Court to re3appreciate and reappraise the evidence led before the Inquiry Officer and examine the findings recorded by the Inquiry Officer as a court of appeal and reach its own conclusions".
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anuradha Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No