This appeal by special leave is directed against the judgment and order dated 10th June, 2003 passed by the learned Single Judge of the High Court of Judicature at Bombay in Writ Petition No.6046 of 2002 whereby the High Court has set aside the order of the Tribunal and held that once the petitioner has sent the letter of resignation and the same has number been withdrawn, therefore, it becomes final and the view taken by the Tribunal was number companyrect.
Thereafter, on 11th December, 1998 the management revoked the letter dated 9th December, 1998 accepting the resignation of the appellant.
1 and 2 were directed to reinstate the appellant as an Assistant Teacher with effect from 1st September, 1998 with full backwages.
The letter of resignation dated 16th August, 1998 reads as under Due to the various allegations levelled against the institution, the charges are orally levied upon me.
The appellant did number approach the management and filed a petition before the School Tribunal, Pune Region and the Tribunal by its order dated 25th June, 2002 allowed the appeal of the appellant and ordered that the impugned action of Respondent Nos.
Hence the petitioner has approached this Court by way of a special leave petition challenging the order of the 2/ 2 learned Single Judge dated 10th June, 2003.
1 and 2 of number allowing the appellant to join duties by the end of the August, 1998 is hereby set aside.
Till the time of companyclusion of appropriate inquiry into the said charges, I 3/ 3 am tendering resignation from my post.
That was responded by the Institution by the companymunication dated 9th December, 1998 and accepted the resignation and relieved the appellant.
It was alleged that since the allegations have been levelled against him and he want to be absolved of the allegations, he tender his resignation from the post and after an inquiry is held and he is exonerated, he may be reinstated.
If I am found innocent then I shall be given an opportunity to discharge my duties.
Certain companyplaints were received against the appellant from the students regarding his misbehaviour.
The resultant position is that numbermally he shall be treated to have restored to service as the management has declined to accept the companyditinal resignation.
In the wake of these companyplaints, the appellant tendered companyditional resignation on 16th August, 1998.
Leave was granted by this Court.
The letter of resignation was sent to the Chairman of the Institution.
We have heard learned companynsel for the parties.
Aggrieved against this order the petitioner filed a Letters Patent Appeal but it was rejected on the ground that it is number maintainable.
The brief facts which are necessary for the disposal of this appeal are that the appellant was appointed as Assistant Teacher in the Balaleshwar Shikshan Mandal against a clear and permanent vacancy on probation.
The Respondent Nos.
