- —holding of—for determination of—allegation of obtaining of forcible resignation—inquiry against the respondent—if felt advised—could have conducted after the acceptance of representation of withdrawal of resignation—acceptance of resignation already withdrawn and order of conducting of inquiry, both inconsistent with law— Under law, it was enjoined upon the departmental authority to accept the application/representation filed by the respondent for withdrawal of the resignation at first and thereafter, if the authority felt it advised that a regular inquiry regarding the allegations leveled against the respondent is required, the same could be conducted. However, instead of adopting the proper procedure provided under law, the resignation, already withdrawn by the respondent, was accepted by the authority. In such state of affairs, we are of the view that the inquiry proceedings and the order passed by the authority for acceptance of the resignation are inconsistent with law, therefore, the Service Tribunal was justified to set aside the same. Inspector General Prisons & others v. Rehana Khatoon & others 2017 SCR 1450 (B)
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