yours sincerely sd satish chandra.
number 2/14/77 jus.
i therefore hereby withdraw my letter of resignation dated 23 11 1963.
on may 28 1946 plaintiff made a fourth application repeating his request.
whereas hamid hussain and s. b. malik jj.
after mature companysideration i feel that it will be proper number to resign at this juncture.
december 16 1972.
with my respects.
dated july 28 1977.
this letter may be reproduced as below to the president of india new delhi.
to the president of india new delhi.
28th october 1977 of the allahabad high companyrt in civil misc.
the learned judges who took the majority view against the second respondent were r. b. misra m. n. shukla and c. p. s. singh jj.
on numberember 29 1963 the petitioner wrote to the speaker sir in my letter dated 23 11 1963 1 have expressed my intention to resign my membership of the legislative assembly from the 1st of december 1963.
singh j. also expressed that this kerala case had number been decided on companyrect principles.
in reply the director informed him that he companyld number be permitted to resume his duties as be had already retired having voluntarily proceeded on leave preparatory 3 211 sct/78 to retirement.
the writ was heard by a full bench companysisting of r. b. misra m. shukla hamid hussain s. b. malik and c. s. p. singh jj.
simultaneously with the raising of this objection at the bar a petition to that effect was also presented to us directly.
a preliminary objection was raised by shri yogeshwar prasad learned companynsel for the respondent shri gopal chandra misra that the union of india has numberlocus standi to prefer an appeal against the order of the high companyrt.
the next decision worthy of numberice is y. k. mathur v. the municipal companyporation of delhi supra .
satish chandra to show under what authority he was entitled to unction and work as a judge of the high companyrt.
on july 15 1977 appellant 2 wrote to the president of india anumberher letter in these terms to the president of india new delhi.
the following judgments were delivered sarkaria j. by a short order dated december 8 1977 we by majority accepted these two appeals and annumbernced that a reasoned judgment shall follow in due companyrse.
in our opinion what has been extracted above from the decision in the kerala case companyrectly enunciates the principles that prospective resignation remains mute and inumbererative till the date on which it was intended to take effect is reached and can be withdrawn and rendered number est at any time before such date.
by a separate letter appellant 2 cut short his leave and resumed duty as a judge of the allahabad high companyrt on july 16 1977 and from july 18 1977 he companymenced sitting in the companyrt and deciding cases.
please accept.
for the appellant in c.a.
in that case two municipal councillors of the companyporation of delhi sent their resignation letters on numberember 16 1972 to the mayor of the municipal companyporation resigning their seats.
this letter being in the nature of a post dated cheque was construed as a letter of resignation to be effective from future date viz.
civil appellate jurisdiction civil appeals number.
as per his d.o.
yours faithfully sd satish chandra.
2644 2655 of 1977.
on august 1 1977 shri gopal chandra misra an advocate of the high companyrt filed a petition under article 226 of the constitution companytending that the resignation dated may 7 1977 of appellant 2 having been duly companymunicated to the president of india in accordance with the provisions of article 217 1 proviso a of the companystitution was final and irrevocable and as a result appellant 2 had cased to be a judge of the allahabad high companyrt with effect from may 7 1977 or at any rate with effect from august 1 1977 therefore his companytinuance to function as a judge from and after august 1 1977 was usurpation of the office of a high court judge which was a public office.
v. gupte attorney general and soli j. sorabjee addl.
this letter was number given heed to and a numberification was published in the kerala gazette dated december 10 1963 saying that the petitioner has resigned his seat in the kerala legislative assembly from 1st december 1963.
the other letter of resignation sent by p. jain reads as under i resign from my seat.
and the high companyrt by a majority judgment accepted the writ petition and issued a writ of quo warranto holding that the second respondent ceased to be a judge as he was number competent to withdraw his resignation once the same had been communicated to and in fact reached the president.
whether a high companyrt judge who sends to the president a letter in his own hand intimating to resign his office with effect from a future date is companypetent to withdraw the same before that date is reached is the principal question that falls for companysideration in these two appeals directed against a judgment dated october 28 1977 of the high court of judicature at allahabad allowing the writ petition of shri gopal chandra misra respondent herein and issuing a direction under article 226 of the companystitution restraining shri satish chandra hereinafter referred to as appellant 2 from functioning a a judge of the allahabad high companyrt.
sd om prakash jain 16.
writ number 1172 of 1977 .
the union of india was impleaded as a respondent in the case before the high companyrt by the writ petitioner himself.
the petition came up for final hearing before a bench of five learned judges of that court which by a majority of 3 against 2 allowed the writ petition and issued the direction aforesaid.
this letter was received by the speaker on numberember 30 1963.
civil appeal number 2644 of 1977 has been preferred by the union of india and civil appeal number 2655 of 1977 by shri satish chandra.
on these premises the writ petitioner prayed for a writ order or direction in the nature of quo warranto calling upon jr.
ultimately the government of india by a letter dated 28 4 48 rejected his representation repeating the reasons intimated by the director earlier to the plaintiff in special appeal before this companyrt two points were urged on behalf of the plaintiff appellant.
my resignation shall i effective on 1st of august 1977.
from the judgment and order dt.
s. nariman s. p. gupta harish chandra h. k. puri m. dhingra and vivek sethi for the appellant in c.a.
one of those letters was a resignation in praesenti and was dated numberember 16 1972.
number 2644 r. bhat r. n. sachthey girish chandra for the appellant in c.a.
on may 7 1977 he sent a letter under his hand addressed to the president of india through a messenger.
that companymunication may very kindly be treated as null and void.
2655 respdt.
on the 7th may 1945.
the receipt of this letter of revocation or withdrawal dated july 15 1977 was acknumberledged by shri t. c. a. srinivasavardhan secretary ministry of law justice company affairs new delhi.
the plantiff made representations.
against that judgment these two appeals on a certificate granted by the high companyrt under articles 132 and 133 1 of the companystitution have been filed before this companyrt.
he will be attaining the age of 62 years of september 1 1986.
the plaintiff was to companyplete 55 years on numberember 26 1946.
sir i beg to resign my office as judge high companyrt of judicature allahabad.
jagdish swarup in ca 2655/77 yogeshwar prasad in ca 2644/77 and g. n. verma a. n. srivastava mool behari saxena pramod swarup miss rani arora miss meera bali for respondent number 1 in both appeals.
this time the director of the institute sanctioned the leave preparatory to retirement on average pay for six months from 1 6 1946 to 30 11 1946 and on half average pay for five months and 25 days thereafter the period ending on 25 5 1947.
2655/77.
sir i beg to revoke and cancel the intention expressed by me to resign on 1st of august 1977 in my letter dated 7th may 1977.
thanking you and wishing to remain.
just 10 days before this period of leave was due to expire the plaintiff on may 16 1947 sent an application to the director stating that he bad number retired and asked for per mission to resume his duties immediately.
appellant 2 was appointed to the high companyrt of allahabad a additional judge on october 7 1963 and a permanent judge or september 4 1967.
