Statutory resignation procedure: withdrawal must precede valid acceptance, and unproved withdrawal cannot defeat completed acceptance.

A school employee's resignation under the Delhi School Education Act had to be accepted within the statutory period with the Director's approval, and withdrawal was effective only if proved to have reached the school before valid acceptance. The alleged withdrawal letter was found not to have been received, so the employee could not rely on it to defeat the acceptance. The relieving date in the acceptance letter did not preserve any right to withdraw after acceptance had already taken effect, and a telegram asserting earlier withdrawal was insufficient on the facts. The departmental instruction on resolutions by circulation was treated as directory and did not invalidate the managing committee's action.

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Issues: Whether the teacher had validly withdrawn his resignation before it was accepted and whether, in the circumstances, the acceptance of resignation under Section 114A of the Delhi School Education Act, 1973 could be sustained.

Analysis: The resignation of an employee of a recognised school had to be accepted within thirty days with the approval of the Director, and in default of a decision within that period approval was deemed to have been granted. The finding of the learned Single Judge that the alleged withdrawal letter dated 18.03.1997 had not in fact been received by the school was not disturbed. The relieving date mentioned in the acceptance letter did not mean that the employee could withdraw the resignation after valid acceptance had already taken place. The telegram only asserted an earlier withdrawal and did not establish a legal withdrawal on the facts found. The departmental instruction regarding resolutions by circulation was held to be merely directory and did not nullify the managing committee's action.

Conclusion: The resignation was not validly withdrawn, the acceptance stood protected by the statutory scheme, and the High Court's view setting aside the acceptance was unsustainable.

Ratio Decidendi: Where resignation of a school employee is governed by a statutory acceptance procedure with deemed approval, withdrawal must be proved to have been made before valid acceptance, and an unproved or belated assertion of withdrawal cannot defeat a completed acceptance.

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