THE SECRETARY, TECHNICAL EDUCATION, U.P. AND ORS. versus LAUT MOHAN UPADHYAY AND ANR.

Citation: [2007] 4 S.C.R. 976 · Decided: 09-04-2007 · Supreme Court of India · Bench: A.K. MATHUR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
THE SECRETARY, TECHNICAL EDUCATION, U.P. AND ORS. 
_,-
v. 
LAUT MOHAN UPADHYA Y AND ANR. 
APRIL 09, 2007 
B 
[A.K. MA THUR AND LOKESHWAR SINGH PANT A, JJ.] 
Service Law-Resignation-Allegations by a girl student of indecent 
behaviour against Lecturer on probation-Resignation tendered-Acceptance 
c by Board of Governors-Challenge by lecturer on the ground that he had 
withdrawn the resignation before its acceptance-High Court set aside the 
order of acceptance and directed re-instatement-Correctness of-Held: 
Lecturer in his letter of resignation indicated unequivocal intention to resign 
with immediate effect-There is no whisper of withdrawal of resignation by 
Lecturer-Letter of acceptance was accepted by the Competent Authority-
D Inquiry reports clearly show that Lecturer was guilty-Lecturer being on 
probation his services could have been terminated for unsuitability but the 
Principal and the Competent Authority being reasonable accepted his 
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resignation-Hence, order of High Court not justified and as such set aside. 
E 
A girl student of the College filed a complaint against respondent no. 
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I-Lecturer on probation, alleging indecent behaviour with her. Appellant no. 
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2-Principal of the College called for inquiry in the matter. On the same day 
respondent no 2 submitted his letter of resignation to the Principal requesting 
him to accept it immediately. Principal accepted the request and forwarded it 
to the Board of Governors for approval. On the other hand the respondent 
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F wrote a letter to the State Governor and others that the Principal had 
pressurized the girl student to lodge false and frivolous complaint. Thereafter, 
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State Government got an inquiry conducted and the charges of indecent 
behaviour against the lecturer by the girl were found correct and allegation 
against the Principal was wrong. Thereafter, the Principal was communicated 
that Board of Governors had accepted the letter of resignation and respondent 
G no. 1 was informed of the same. Respondent no. I challenged the order since 
he had withdrawn resignation before its acceptance and as such order of 
acceptance by the Authority was illegal. High Court set aside the order of 
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acceptance of the letter of resignation by respondent no. 1 and directed the 
I 
appellants to reinstate respondent no. I in service. Hence the present appeal. 
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H 
976 
SECRETARY. TECHNICAL EDUCATION. U.P. v. LALIT MOHAN UPADHYAY 
977 
'~ 
Allowing the appeal, the Court 
A 
HELD: 1.1. The impugned order of the High Court is erroneous, not 
legal and justified and thus, cannot be sustained in law. [Paras 8 and 20) 
(982-D-E; 988-E) 
I.2. The State Government appointed Director of an Engineering Institute B 
to hold independent inquiry on the subject of factual analysis and comments 
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on the complaints made by employees and students of the College. Director 
conducted detailed inquiry on the issues including the issue in regard to the 
objectionable behaviour of the Lecturer, with the girl student in the Hospital. 
The Director observed that after going through the photocopies of the diary c 
maintained by the girl student her complaint was believed to be true and the 
behaviour of the Lecturer with a girl student was quite objectionable with evil 
designs as a result thereof the student remained in mental tension and 
frustration. The Director stated that in the absence of any eyewitness 
respondent no. I could not prove that he was forced or pressurized by the 
Principal to submit his letter of resignation. The Director concluded that the D 
r 
statem~nt ofrespondent no. I that he had been harassed and tormented by the 
Principal and his wife could not be believed because he himself admitted that 
he always had good relations with all the officers. A Lecturer of Chemistry 
during inquiry made a statement that on the request of respondent no.I he 
took his letter of resignation to the residence of the Principal and respondent E 
no.I repeatedly said that he did not want to stay in the College. The Principal 
was aware of the fact that respondent no. I had called his father as he wanted 
to leave the College on the same day with his father. The Director observed 
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that it was just probable that the Principal might have asked respondent no. 
I to give his resignation and leave the College for maintaining discipline and 
fair environment at the College campus. [Para I3] (984-E-G; 985-A-D) 
F 
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1.3. It appears from the recor
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