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july 2014

Supreme Court of India · 2014-07-21

UNION OF INDIA vs HITENDER KUMAR SONI

Citation / case number
SC 2009/21859
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
HITENDER KUMAR SONI
Author
SHIVA KIRTI SINGH
Bench
SHIVA KIRTI SINGH VIKRAMAJIT SEN

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the resignation of the Respondent, Hitender Kumar Soni, was not effective due to the failure of the Union of India to relieve him of his duties as required by Clause (4) of the Office Memorandum dated 11.2.1988. The Court clarified that a resignation becomes effective only when accepted and the employee is relieved of duties, thus entitling the Respondent to reinstatement and service benefits. The appeal by the Union of India was dismissed, affirming the High Court's order for reinstatement and consideration of leave and pay arrears.

UNION OF INDIA vs HITENDER KUMAR SONI · Niyam