New Delhi, Aug 23 : The Delhi High Court has observed that once the withdrawal of resignation is accepted, the decision cannot be recalled.
The observation by a bench of Justice Jyoti Singh came while hearing the petition of Air India pilot, Nipurn Ahuja.
According to the petition, Ahuja joined Air India Ltd on October 16, 2007 as a Trainee Pilot and after promotions, is currently serving as a Commander.
The challenge in the writ petition is to the letter dated August 13, whereby Air India has rejected the request of the petitioner for withdrawal of his resignation, retrospectively.
Counsel drew the attention of the court to a letter dated March 19, whereby the request of the pilot for withdrawal of the resignation was accepted and submitted that the impugned action is contrary to the earlier stand of the respondent and is impermissible in law.
The Air India counsel submitted that the present petition be listed on August 25 when a batch of similar petitions is coming up 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,” Justice Jyoti Singh observed.
“In view of the above, the operation of the letter dated August 13, shall remain stayed till the next date of hearing,” the court said in its order on August 21.
The matter is listed for next hearing on August 25.
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