Prayagraj, 12 November: The Allahabad High Court has quashed the order of the District Judge Jalaun to set up an inquiry by rejecting the resignation of the employee working in his district court on technical grounds for not giving three months’ notice on being selected in the railways.
The court has directed the District Judge to accept the resignation of the employee, relieve him from the date of resignation and send the order to the Railways.
The court has also ordered the District Judge to pay Rs 21 thousand to the petitioner in a week for mentally disturbing the petitioner.
Justice Sunit Kumar has given this order while accepting the petition of Khub Singh.
It is to be known that in the recruitment of 2014, the petitioner was appointed to the post of clerk in the district court, alter took the examination of Railway Recruitment Board with the permission of the department. He was selected for the post of Stenographer in Railways. He sent his resignation from the post of clerk to the district judge and joined the railways.
The District Judge rejected the resignation saying that the petitioner had not given three months’ notice and without accepting the resignation, set up an inquiry into joining in another department. The order to hold the inquiry was challenged.
The court said that the petitioner took the recruitment examination in the railways after taking no objection and resigned after getting selected. Under Rule 4, the appointing officer has the right to relax the notice of three months.
The court further said that government employees do not have the right to work in two departments simultaneously. Joining the railways has not taken salary from the district court. Any employee has the right to go to better service. The worker cannot be compelled to act contrary to his will. The conduct of the District Judge is complete arbitrariness. The petitioner was mentally disturbed.
