Delhi High Court has observed that the withdrawal of resignation cannot be recalled if it has been accepted earlier. The matter was taken by a bench of Justice Jyoti Singh in which a petition was filed by Air India pilot Nipurn Ahuja.
As per the petition, Nipurn Ahuja had joined Air India Ltd on October 16, 2007, and then was promoted as a commander.
The writ petition was filed challenging the letter dated August 13, whereby Air India Ltd has rejected the petitioner’s request to withdraw the resignation retrospectively.
Petitioner’s counsel mentioned the letter dated March 19 where Air India had accepted the request of Nipurn to withdraw the resignation and submitted, “he impugned action is contrary to the earlier stand of the respondent and is impermissible in law.”
Air India has requested to list the following petition on August 25 as many similar petitions are being filed before the court.
“Having heard learned counsels for the parties, this court is of the prima facie view that in law, once the withdrawal of resignation is accepted, the decision cannot be recalled,” stated Justice Jyoti Singh.
The court further stated, ” in view of the above, the operation of the letter dated August 13, shall remain stayed till the next date of hearing.” The matter has been listed for August 25.