Case: MS. X Vs. REGISTRAR GENERAL, HIGH COURT OF MADHYA PRADESH AND ANOTHER

circumstances in which she was left with no option but to resign. The petitioner thereafter had also pursued a writ petition before this Court. Thereafter, she had participated in the proceedings before the JIC and after the JIC expressed its opinion, that it would be in the interest of justice that she should be re-instated in service, she made a representation to the MP High Court, for re-instatement in service. After the said representation was rejected, she has immediately approached this Court in the present matter. We therefore find that the petitioner cannot be denied the reliefs on the so- called grounds of delay and laches. 90. That leaves us with the last submission of the learned Solicitor General, that if we hold the resignation in the present case to be actuated by coercion, it will have far- reaching implications and will open floodgates to the similarly situated Judicial Officers. Another submission made is that, if a decision of the Full Court of the MP High Court is interfered with, it will stigmatize the entire Institution and have catastrophic effects. 91. We find the said submissions to be totally uncalled for. At the outset, we have clarified that we are only examining the correctness and otherwise of the order of transfer, the rejection of the representations and the question as to whether the resignation in the facts of the present case, could be construed to be voluntary or not. We have not at all gone into the question, regarding the correctness or otherwise of the decisions of the Full Court of the MP High Court with regard to the rejection of the petitioners representation. As already discussed hereinabove, there might be reasons and factors which might have weighed with the Full Court of the MP High Court for taking such a decision. At the cost of repetition, we reiterate that we have full respect for the authority of the Full Court to arrive at such a decision. As such, there is no question of stigmatizing the Full Court of the MP High Court. It is a different matter, that if the suggestions made by this Court on more than one occasion would have been accepted, the exercise of examining the factual scenario, could have been avoided. In any case, we have restricted our inquiry only to the facts, which we found necessary to decide the present case. We have refrained ourselves from going into the details of the findings of the JIC, so as to protect the dignity of all concerned. We have refrained ourselves from mentioning a single name in our judgment. 92. In that view of the matter, the contention of the learned Solicitor General with regard to stigmatizing the MP High Court is without substance. 93. Insofar as the contention, that if this Court holds the resignation in the present case to be coercive, it will have far- reaching effects on the administration of judiciary is concerned, the same is also without substance. It will be apposite to refer to the following observations made by this Court in the case of Union of India and Others v. Dhanwanti Devi and Others (1996) 6 SCC 44 : 9. …….. It is not everything said by a Judge while giving judgment that constitutes a precedent. The only thing in a Judges decision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and isolate from it the ratio decidendi. According to the well-settled theory of precedents, every decision contains three basic postulates—(i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts; and (iii) judgment based on the combined effect of the above. A decision is only an authority for what it actually decides. What is of the essence in a decision is its ratio and not every observation found therein nor what logically follows from the various observations made in the judgment. Every judgment must be read as applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there is not intended to be exposition of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found…… It could thus be seen that this Court has held that a decision is an authority only for what it actually decides. Every judgment must be read as applicable to the particular facts, proved or assumed to be proved. The generality of the expressions found there, is not intended to be exposition of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found. 94. This Court in the case of The Regional Manager and Another v. Pawan Kumar Dubey (1976) 3 SCC 334 has succinctly observed thus: 7. …..Even where there appears to be some conflict, it would, we think, vanish when the ratio decidendi of each case is correctly understood. It is the rule deducible from the application of law to the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts. The ratio decidendi is a rule deducible from the application of law to the facts and circumstances of a case and not some conclusion based upon facts which may appear to be similar. It has been held that one additional or different fact can make a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]29. Before we consider the rival submissions, we clarify that we are not examining the correctness or otherwise of the decisions of the Full Court of the MP High Court dated 11th January 2018 and 15th February 2019. We are conscious of the fact that the scope of judicial review of a decision of the Full Court of a High Court is extremely narrow and we cannot sit in an appeal over the decision of the Full Court of a High Court. There could be various factors and reasons which could have weighed with the Full Court of the MP High Court while rejecting the representation made by the petitioner in its resolutions dated 11th January 2018 and 15th February 2019. We have full respect for the authority of the Full Court of the MP High Court to arrive at such a decision.31. Though, the issue directly involved in the present petition is only the issue No. (iii), we find that it will be necessary to consider issue Nos. (i) and (ii) inasmuch as our findings on the said issues will have a direct bearing on the finding on issue No. (iii).32. We further clarify that we are examining the present matter purely considering it as a lis between an employee and an employer, without in any way being influenced by the fact that one of the parties to the lis is the MP High Court on the administrative side, and the other one a Judicial Officer. We are of the considered view that the legal principles, which would govern the dispute between an employer who is a State and an employee, will have to be equally applied in the present case, irrespective of the fact that one of the parties is a High Court and the other one is a Judicial Officer.33. Though, arguments have been advanced before us with regard to constructive discharge and the reliance is placed on the judgments of Courts in United Kingdom and United States, we do not find it necessary to go into that issue. We are of the considered view that the law as enunciated by this Court with regard to scope of judicial review of a State action, would squarely cover the issue.35. No doubt that the JIC, in its Report dated 15th December 2017, has come to a clear finding that the transfer of the petitioner was in contravention of the Transfer Policy laid down by the MP High Court and as such, was irregular. The JIC has also come to a finding that the representations made by the petitioner were not appropriately considered by the MP High Court. The JIC further came to a finding that Justice A had interfered with the transfer of the petitioner and also had a role to play in the rejection of her representations. The JIC has also come to a finding that the basis of the petitioners transfer was the complaint dated 3rd July 2014, made by the then D & SJ, Gwalior. The JIC further found that though, it was the stand of the MP High Court that the transfer of the petitioner was on administrative grounds in view of the provisions of Clause 22 of the Transfer Policy, the same was not established. The JIC has further come to a finding that the circumstances became unbearable for the petitioner, resulting in her resignation from service.39. No doubt that the said Transfer Policy is only a set of Guidelines for internal administration of the District Judiciary issued by the MP High Court. However, while exercising its functions on the administrative side, the MP High Court would also be a State within the meaning of Article 12 of the Constitution of India. We may gainfully refer to the following observations made by this Court in the case of Food Corporation of India v. M/s Kamdhenu Cattle Feed Industries (1993) 1 SCC 71 :8. The mere reasonable or legitimate expectation of a citizen, in such a situation, may not by itself be a distinct enforceable right, but failure to consider and give due weight to it may render the decision arbitrary, and this is how the requirement of due consideration of a legitimate expectation forms part of the principle of non-arbitrariness, a necessary concomitant of the rule of law. Every legitimate expectation is a relevant factor requiring due consideration in a fair decision-making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. Whenever the question arises, it is to be determined not according to the claimants perception but in larger public interest wherein other more important considerations may outweigh what would otherwise have been the legitimate expectation of the claimant. A bona fide decision of the public authority reached in this manner would satisfy the requirement of non- arbitrariness and withstand judicial scrutiny. The doctrine of legitimate expectation gets assimilated in the rule of law and operates in our legal system in this manner and to this extent.9. In Council of Civil Service Unions v. Minister for the Civil Service [1985 AC 374 : (1984) 3 All ER 935 (HL)] the House of Lords indicated the extent to which the legitimate expectation interfaces with exercise of discretionary power. The impugned action was upheld as reasonable, made on due consideration of all relevant factors including the legitimate expectation of the applicant, wherein the considerations of national security were found to outweigh that which otherwise would have been the reasonable expectation of the applicant. Lord Scarman pointed out that the controlling factor in determining whether the exercise of prerogative power is subject to judicial review is not its source but its subject-matter. Again in Preston, in re [1985 AC 835 : (1985) 2 All ER 327] it was stated by Lord Scarman that the principle of fairness has an important place in the law of judicial review and unfairness in the purported exercise of a power can be such that it is an abuse or excess of power. These decisions of the House of Lords give a similar indication of the significance of the doctrine of legitimate expectation. Shri A.K. Sen referred to Shanti Vijay and Co. v. Princess Fatima Fouzia [(1979) 4 SCC 602  : (1980) 1 SCR 459 ] which holds that court should interfere where discretionary power is not exercised reasonably and in good faith.40. It could thus be seen that this Court has held that mere reasonable or legitimate expectation of a citizen may not by itself be a distinct enforceable right. It is further held that the failure to consider and give due weight to it may render the decision arbitrary. It has been held that the requirement of due consideration of a legitimate expectation forms part of the principle of non-arbitrariness, which is a necessary concomitant of the rule of law. Every legitimate expectation is a relevant factor requiring due consideration in a fair decision-making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. Whenever the question arises, it is to be determined not according to the claimants perception but in larger public interest wherein other more important considerations may outweigh, what would otherwise have been the legitimate expectation of the claimant. It has been held that a bona fide decision of the public authority reached in this manner would satisfy the requirement of non-arbitrariness and withstand judicial scrutiny. It has been held that the principle of fairness has an important place in the law of judicial review and that unfairness in the purported exercise of power can be such that it is abuse or excess of power. The court should interfere where discretionary power is not exercised reasonably and in good faith.From the perusal of the Transfer Policy, it is clear that total 3 weeks period is provided between the date of the receipt of the representation and the decision thereon. However, in the present case, within two days from the submission of the representation, the Transfer Committee rejected the same without considering sub-clause (a) of Clause 9 of the Transfer Policy. It is a different matter that inviting comments from the District Judge would have been just a formality, inasmuch as the transfer was effected on his complaint itself.49. The matter does not end here. On rejection of her first representation, the petitioner addressed her second representation, requesting that she be posted at any of the four cities mentioned in the said representation so that her daughter could continue with her education. However, the then RG made an endorsement that the said representation is on similar ground as mentioned in the earlier representation dated 9th July 2014, which has already been rejected. The Transfer Committee endorsed that in view of the order already passed in the earlier representation dated 9th July 2014, no further reconsideration is to be made. Both the representations of the petitioner are made with different requests. Whereas the first representation requests for her retention at Gwalior for a period of 8 months so that her daughter could continue with her education at Gwalior; in the second representation, she had requested to be posted at either of the 4 places, where her daughter could continue with her education. However, the second representation was rejected on the ground that the earlier representation made on similar ground also stands rejected.50. The petitioner had a legitimate expectation in view of Clause 10 of the Transfer Policy to have her case considered for posting at any of the 4 places in the event her request for retention at the then present posting was not considered and as such, she made the second representation. We are at pains to say that the rejection of the second representation depicts total non-application of mind by the then RG as well as the then Judge of the Transfer Committee of the MP High Court. The proposal of the then RG was made in a casual manner and accepted by the then Judge on the Transfer Committee in a mechanical manner.51. The transfer is sought to be justified in view of Clause 22 of the Transfer Policy. One of the grounds on which the transfer could be made in mid-term, is that the performance of such Judicial Officer is found to be below the norms prescribed. The same is admittedly not available in the present case. The petitioners performance in the assessment made by the then D & SJ, Gwalior on 15th January 2014 for the assessment year 2013, has been found to be very good. That leaves us with the second ground available under Clause 22 of the Transfer Policy, that a transfer can be made if the grounds exist for initiating an inquiry against such a Judicial Officer. The same is also not the case here.However, in the case of the petitioner, the petitioner was directly transferred from Gwalior, which is Category A city to Sidhi, which is Category C city. The 4 cities which have been mentioned by the petitioner in her second representation are B Category cities. Coupled with the admission that the transfer of the petitioner was effected on the basis of the complaint made by the then D & SJ, Gwalior, it is difficult to accept the contention on behalf of the MP High Court that the transfer of the petitioner was made in the public interest or in the interest of the administration.The perusal of the said transfer order would reveal that in many cases, the Judicial Officers who were either on deputation or ex-cadre posts, have been brought in main stream. It is also found that many of the Judicial Officers covered by the said transfer order were posted at the same place inasmuch as from the posting on deputation, they have been brought in the main stream. In any case, it is not pointed out as to whether the said Judicial Officers were also facing the same difficulty, as was being faced by the petitioner. It is also not brought on record as to whether those Judicial Officers had made any representation and their representations were rejected in an identical manner.54. At this juncture, we may refer to the following observations made by this Court in the case of Kumari Shrilekha Vidyarthi and Others v. State of U.P. and Others (1991) 1 SCC 212 :33. No doubt, it is true, as indicated by us earlier, that there is a presumption of validity of the State action and the burden is on the person who alleges violation of Article 14 to prove the assertion. However, where no plausible reason or principle is indicated nor is it discernible and the impugned State action, therefore, appears to be ex facie arbitrary, the initial burden to prove the arbitrariness is discharged shifting onus on the State to justify its action as fair and reasonable. If the State is unable to produce material to justify its action as fair and reasonable, the burden on the person alleging arbitrariness must be held to be discharged. The scope of judicial review is limited as indicated in Dwarkadas Marfatia case [(1989) 3 SCC 293]  to oversee the State action for the purpose of satisfying that it is not vitiated by the vice of arbitrariness and no more. The wisdom of the policy or the lack of it or the desirability of a better alternative is not within the permissible scope of judicial review in such cases. It is not for the courts to recast the policy or to substitute it with another which is considered to be more appropriate, once the attack on the ground of arbitrariness is successfully repelled by showing that the act which was done, was fair and reasonable in the facts and circumstances of the case. As indicated by Diplock, L.J., in Council of Civil Service Unions v. Minister for the Civil Service [(1984) 3 All ER 935] the power of judicial review is limited to the grounds of illegality, irrationality and procedural impropriety. In the case of arbitrariness, the defect of irrationality is obvious.55. It could thus be seen that this Court has held that there is a presumption of validity of the State action and the burden is on the person who alleges violation of Article 14 of the Constitution of India to prove the assertion. It has been further held that where no plausible reason or principle is indicated nor is it discernible and the impugned State action appears to be arbitrary, the initial burden to prove the arbitrariness is discharged, thereby shifting onus on the State to justify its action as fair and reasonable. If the State is unable to produce material to justify its action as fair and reasonable, the burden on the person alleging arbitrariness must be held to be discharged. The limited scope of judicial review is only to satisfy that the State action is not vitiated by the vice of arbitrariness and no more. It is equally settled that it is not for the courts to recast the policy or to substitute it with another which is considered to be more appropriate. It has been held that the attack on the ground of arbitrariness is successfully repelled by showing that the act which was done, was fair and reasonable in the facts and circumstances of the case.56. We have no hesitation in holding that the petitioner has established that her transfer order was in contravention of the Transfer Policy and that the rejection of her two representations, in addition of being contrary to the Transfer Policy, were also arbitrary. As such, the petitioner has discharged her burden and the onus is shifted on the respondent No.1 to show that the petitioners transfer order was fair and reasonable in the facts and circumstances of the case. We find that the respondent No.1 has utterly failed to discharge its burden. On the contrary, the admissions made before the JIC by the then Judge on the Transfer Committee clearly show that the transfer was made solely on the basis of the complaint made by the then D & SJ, Gwalior without verifying the veracity thereof. Not only this, but it is evident that the then Judge had not looked into the annexures attached with the representation, which included the fee receipts etc. of the petitioners daughter.57. We may gainfully refer to the following observations made by this Court in the case of Kalabharati Advertising v. Hemant Vimalnath Narichania and Others (2010) 9 SCC 437 :25. The State is under obligation to act fairly without ill will or malice — in fact or in law. Legal malice or malice in law means something done without lawful excuse. It is an act done wrongfully and wilfully without reasonable or probable cause, and not necessarily an act done from ill feeling and spite. It is a deliberate act in disregard to the rights of others. Where malice is attributed to the State, it can never be a case of personal ill will or spite on the part of the State. It is an act which is taken with an oblique or indirect object. It means exercise of statutory power for purposes foreign to those for which it is in law intended. It means conscious violation of the law to the prejudice of another, a depraved inclination on the part of the authority to disregard the rights of others, which intent is manifested by its injurious acts. (Vide ADM, Jabalpur v. Shivakant Shukla [(1976) 2 SCC 521  : AIR 1976 SC 1207 ] , S.R. Venkataraman v. Union of India [(1979) 2 SCC 491  : 1979 SCC (L&S) 216 : AIR 1979 SC 49 ] , State of A.P. v. Goverdhanlal Pitti [(2003) 4 SCC 739  : AIR 2003 SC 1941 ] , BPL Ltd. v. S.P. Gururaja [(2003) 8 SCC 567]  and W.B. SEB v. Dilip Kumar Ray [(2007) 14 SCC 568  : (2009) 1 SCC (L&S) 860] .)26. Passing an order for an unauthorised purpose constitutes malice in law. (Vide Punjab SEB Ltd. v. Zora Singh [(2005) 6 SCC 776]  and Union of India v. V. Ramakrishnan [(2005) 8 SCC 394  : 2005 SCC (L&S) 1150].)58. It is trite that the State is under the obligation to act fairly without ill will or malice — in fact or in law. Legal malice or malice in law means something done without lawful excuse. It is an act done wrongfully and wilfully without reasonable or probable cause, and not necessarily an act done from ill feeling and spite. Where malice is attributed to the State, it can never be a case of malice or spite on the part of the State. It would mean exercise of statutory power for purposes foreign to those for which it is in law intended. It means conscious violation of the law to the prejudice of another, a depraved inclination on the part of the authority to disregard the rights of others.59. No doubt that it is strenuously argued on behalf of the petitioner that the transfer order is mala fide and issued at the instance of Justice A, we do not find it necessary to go into that aspect of the matter.62. At the cost of repetition, we may say that though it is the case of the respondent No.1 that the transfer order of the petitioner dated 8th July 2014, was on the ground of administrative exigencies, the material placed on record and particularly, the depositions of the then Judge on the Transfer Committee and the then RG, would clearly show that it was on the basis of the complaint made by the then D & SJ, Gwalior. It is a different aspect that the JIC had come to a specific finding of fact, that the evidence on record clearly shows that Justice A had a role to play in the transfer of the petitioner and the rejection of her two representations. We are therefore of the considered view that the transfer order dated 8th July 2014, would squarely be covered by malice in law inasmuch as it was passed without taking into consideration the Guidelines provided in the Transfer Policy but on the basis of unverified allegations made in the complaint made by the then D & SJ, Gwalior.64. It could be seen that as per Clause 9 of the Transfer Policy, the petitioner is entitled to make a representation to the MP High Court for retaining her at the same posting, and for posting at alternate places of her choice in view of Clause 10 of the Transfer Policy. When the Transfer Policy provides for making a representation, the petitioner had a legitimate expectation that the said representation would be considered in accordance with it. Consideration of representation is not a formality. We are not saying for a moment that prior to rejection of the petitioners representations, she should have been heard or that the reasons ought to have been communicated for such rejection. However, the least that is expected is that the representation is considered in the right earnest. When the Transfer Policy provides for a ground on which the representation is to be made, then the least that is expected is that the matter should be considered in reference to the provisions made in the Transfer Policy. In her first representation, the petitioner had specifically contended that she should be retained at Gwalior on the ground of her daughters education. There was a legitimate expectation that the respondent No.1 ought to have considered as to whether her case fits in Clause 9(a) of the Transfer Policy. The petitioner was entitled for consideration of her case on the ground that her daughter was to appear in the final year of Board Examination. The petitioner had specifically stated that her daughter was also undergoing FIITJEE coaching. She had further clearly stated that after her daughter completes the academic year, she was willing to abide by the transfer order. However, in the noting of the then RG, it was mentioned that it is gathered that adequate educational facilities including CBSE School are available at Sidhi. It is further stated that the Transfer Committee, in its meeting held on 7th July 2014, had recommended the transfer of the petitioner on administrative grounds after considering the request of the then D & SJ, Gwalior with regard to conduct and behaviour of the petitioner. On the said proposal, the then Judge on the Transfer Committee had directed the representation of the petitioner to be rejected. As such, it could be seen that the respondent No. 1 had not at all taken into consideration as to whether the petitioners case was required to be considered under Clause 9(a) of the Transfer Policy or not.65. Insofar as the second representation dated 11th July 2014 is concerned, the petitioner had specifically stated that since her daughter was preparing for Board and Competitive Exams and also taking FIITJEE coaching, she may be transferred to such places as Sehore, Raisen, Dewas or Ujjain, where her daughter could continue with her education. It could thus be seen that, whereas in the first representation, the petitioner had sought retention at Gwalior, in the second representation, she had requested for posting at any of the 4 places as aforesaid. However, the then RG made an endorsement on the file on 14th July 2014 to the effect that the said representation was made almost on identical grounds as were made in the first representation, which was already rejected on 11th July 2014. The then Judge on the Transfer Committee made an endorsement that in view of the order dated 11th July 2014 already passed in the earlier representation, no further reconsideration is to be made. It can thus be seen that though the second representation of the petitioner dated 11th July 2014 is with a request to post her at any of the 4 alternate places, the noting that the representation on identical grounds had already been rejected, is factually incorrect. Whereas the first representation of the petitioner was for retention at Gwalior, the second one was for a posting at alternate place, where her daughter could continue with her education. In view of Clause 10 of the Transfer Policy, the petitioner had a legitimate expectation of being considered for an alternate posting, in case her prayer for retention was not to be considered.66. It could thus be seen that the respondent No.1 has failed to take into consideration the factors, which were required to be considered, while deciding the representation of the petitioner and had taken into consideration the factors which were not relevant. The then Judge on the Transfer Committee, in his deposition before the JIC, had clearly admitted that he had not gone into the annexures, which were attached with the representation of the petitioner. Non- consideration of the relevant material and consideration of the extraneous material would come into the realm of irrationality. An action which is arbitrary, irrational and unreasonable would be hit by Article 14 of the Constitution of India. We, therefore, find that the rejection of the representations of the petitioner dated 9th July 2014 and 11th July 2014, would also not stand the scrutiny of law.72. For considering as to whether the resignation in the present matter could be construed as voluntary or not, the resignation cannot be considered in isolation, but all the attendant circumstances will have to be taken into consideration.79. The petitioner was a Judicial Officer and a mother too. The Judicial Officer in her must have been battling with the mother in her. On one hand, was her career as a Judicial Officer; on the other hand, was the possibility of her daughters educational prospects and career coming into jeopardy, if she shifted to the place of posting at Sidhi. A possibility of her mind engrossed with a feeling, that she was subjected to injustice by the very Institution of Judiciary, cannot be ruled away. What was she asking for? A retention at Gwalior for a period of 8 months till her daughter completes her Class 12th. In the alternative, posting at any of the 4 cities, which were admittedly in Category B, where her daughter could have better education facilities, and where the vacancies existed.80. Denial of her legitimate expectation could have led to desperation, exasperation and frustration. The frustration of the petitioner is evident from the language used by her in her resignation letter. She stated that as she had been transferred to Sidhi in the mid-academic session of her daughters Class 12th, it had mostly affected the crucial stage of career of her daughter. She stated that therefore, she was left with no other option but to resign from her post. It appears that in a gruesome battle between a mother and a Judicial Officer, the Judicial Officer lost the battle to the mother.81. Reaction of a person to a particular situation would depend from person to person. No two individuals can be expected to respond identically to a same situation. It is quite possible that some other person in the petitioners place, would have chosen to pursue ones own career without bothering about the daughters education and prospects of good career.83. It will be apposite to refer to the following observations of this Court in the case of Dr. Prabha Atri v. State of U.P. and Others (2003) 1 SCC 701 :7. The only question that mainly requires to be considered is as to whether the letter dated 9-1- 1999 could be construed to mean or amounted to a letter of resignation or merely an expression of her intention to resign, if her claims in respect of the alleged lapse are not viewed favourably. Rule 9 of the Hospital Service Rules provided for resignation or abandonment of service by an employee. It is stated therein that a permanent employee is required to give three months notice of resignation in writing to the appointing authority or three months salary in lieu of notice and that he/she may be required to serve the period for such notice. In case of non-compliance with the above, the employee concerned is not only liable to pay an amount equal to three months salary but such amount shall be realizable from the dues, if any, of the employee lying with the hospital. In Words and Phrases (Permanent Edn.) Vol. 37, at p. 476, it is found stated that:To constitute a resignation, it must be unconditional and with an intent to operate as such. There must be an intention to relinquish a portion of the term of office accompanied by an act of relinquishment. It is to give back, to give up in a formal manner, an office.At p. 474 of the very same book, it is found stated: Statements by clubs President and corresponding Secretary that they would resign, if constant bickering among members did not cease, constituted merely threatened offers, not tenders, of their resignations. It is also stated therein that A resignation of a public office to be effective must be made with an intention of relinquishing the office accompanied by an act of relinquishment. In the ordinary dictionary sense, the word resignation was considered to mean the spontaneous relinquishment of ones own right, as conveyed by the maxim: Resignatio est juris proprii spontanea refutatio (Blacks Law Dictionary, 6th Edn.). In Corpus Juris Secundum, Vol. 77, p. 311, it is found stated:It has been said that resignation is a term of legal art, having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the one resigning, made freely and not under duress and the word is defined generally as meaning the act of resigning or giving up, as a claim, possession or position.8. In P.K. Ramachandra Iyer v. Union of India [(1984) 2 SCC 141  : 1984 SCC (L&S) 214] this Court had an occasion to consider the nature and character of a letter written by one of the petitioners in that case who after stating in the letter that he has been all along patiently waiting for the redressal of his grievance, yet justice has not been done to him andas such, after showing so much patience in the matter, I am sorry to decide that I should resign from the membership of the Faculty in protest against such a treatment and against the discrimination and victimization shown to me by the Head of the Division in the allotment of students of 1968 and 1969 batches and departmental candidates. (SCC p. 172, para 34)In that context, this Court observed that the callous and heartless attitude of the Academic Council in seizing an opportunity to get rid of him by treating the said letter to be a letter of resignation when really he was all along making representations seeking justice to him and out of exasperation the said person wrote that letter stating that the only honourable course left open to him was to resign rather than suffer (SCC p. 173, para 34).In Moti Ram v. Param Dev [(1993) 2 SCC 725]  this Court observed as hereunder: (SCC pp. 735-36, para 16)16. As pointed out by this Court, resignation means the spontaneous relinquishment of ones own right and in relation to an office, it connotes the act of giving up or relinquishing the office. It has been held that in the general juristic sense, in order to constitute a complete and operative resignation there must be the intention to give up or relinquish the office and the concomitant act of its relinquishment. It has also been observed that the act of relinquishment may take different forms or assume a unilateral or bilateral character, depending on the nature of the office and the conditions governing it. (See: Union of India v. Gopal Chandra Misra [(1978) 2 SCC 301  : 1978 SCC (L&S) 303] .) If the act of relinquishment is of unilateral character, it comes into effect when such act indicating the intention to relinquish the office is communicated to the competent authority. The authority to whom the act of relinquishment is communicated is not required to take any action and the relinquishment takes effect from the date of such communication where the resignation is intended to operate in praesenti. A resignation may also be prospective to be operative from a future date and in that event it would take effect from the date indicated therein and not from the date of communication. In cases where the act of relinquishment is of a bilateral character, the communication of the intention to relinquish, by itself, would not be sufficient to result in relinquishment of the office and some action is required to be taken on such communication of the intention to relinquish, e.g., acceptance of the said request to relinquish the office, and in such a case the relinquishment does not become effective or operative till such action is taken. As to whether the act of relinquishment of an office is unilateral or bilateral in character would depend upon the nature of the office and the conditions governing it.9. In traversing the contention on behalf of the appellant that the letter in question dated 9-1-1999 could not be construed as a letter of resignation, on behalf of the respondent hospital authorities it is strenuously contended that such a letter coming from the appellant in the teeth of suspension order and proposed domestic enquiry expressing a desire to tender resignation and that too with immediate effect, cannot but be a resignation outright and simpliciter to avoid facing disciplinary proceedings and that, therefore, the competent authority acted well within its rights in treating it to be a resignation and accepting the same forthwith and as a consequence thereof, directing further not to proceed with the domestic enquiry already ordered. Finally, it has been submitted that if this Court is pleased to interfere in the matter the right of the hospital authorities to pursue the disciplinary action already initiated from the stage at which it stood on the date of acceptance of the resignation should not be jeopardized and liberty may be granted in this regard.10. We have carefully considered the submissions of the learned counsel appearing on either side, in the light of the materials and principles, noticed supra. This is not a case where it is required to consider as to whether the relinquishment envisaged under the rules and conditions of service is unilateral or bilateral in character but whether the letter dated 9-1-1999 could be treated or held to be a letter of resignation or relinquishment of the office, so as to sever her services once and for all. The letter cannot be construed, in our view, to convey any spontaneous intention to give up or relinquish her office accompanied by any act of relinquishment. To constitute a resignation, it must be unconditional and with an intention to operate as such. At best, as observed by this Court in the decision in P.K. Ramachandra Iyer [(1984) 2 SCC 141  : 1984 SCC (L&S) 214] it may amount to a threatened offer more on account of exasperation, to resign on account of a feeling of frustration born out of an idea that she was being harassed unnecessarily but not, at any rate, amounting to a resignation, actual and simple. The appellant had put in about two decades of service in the hospital, that she was placed under suspension and exposed to disciplinary proceedings and proposed domestic enquiry and she had certain benefits flowing to her benefit, if she resigns but yet the letter dated 9-1- 1999 does not seek for any of those things to be settled or the disciplinary proceedings being scrapped as a sequel to her so-called resignation. The words with immediate effect in the said letter could not be given undue importance dehors the context, tenor of language used and the purport as well as the remaining portion of the letter indicating the circumstances in which it was written. That the management of the hospital took up such action forthwith, as a result of acceptance of the resignation is not of much significance in ascertaining the true or real intention of the letter written by the appellant on 9-1-1999. Consequently, it appears to be reasonable to view that as in the case reported in P.K. Ramachandra Iyer [(1984) 2 SCC 141  : 1984 SCC (L&S) 214] the respondents have seized an opportunity to get rid of the appellant the moment they got the letter dated 9-1- 1999, without due or proper consideration of the matter in a right perspective or understanding of the contents thereof. The High Court also seems to have completely lost sight of these vital aspects in rejecting the writ petition.84. The facts in the above case are somewhat similar to the present case. The present case is also not a case where it is required to consider as to whether the relinquishment envisaged under the Rules and Conditions of Service, is unilateral or bilateral in character. In the present case also, the words with immediate effect in the resignation letter could not be given undue importance, dehors the context, tenor of language used therein, indicating the circumstances in which it was written. The resignation letter in the present case, as has already been discussed hereinabove, appears to be on account of exasperation and frustration actuated by a thought, that injustice was being meted out to her by the very Institution of Judiciary.85. We further find that the breakneck speed at which the events have taken place in the present matter, gives rise to a suspicion, that there is something more than which meets the eye. On 3rd July 2014, the then D & SJ, Gwalior, who appears to have joined the service a short while ago, addressed a complaint to the then RG. The said D & SJ, Gwalior, in his deposition before the JIC, has clearly admitted that the instances mentioned in the complaint, were not within his personal knowledge, but were on the basis of the complaints made to him by other Judicial Officers. He further admitted that the complaints were with regard to the period, which was before his joining as D & SJ, Gwalior. He further admitted that there were no written complaints by the Judicial Officers and that he had proceeded to write the complaint on the basis of their oral complaints. Within days of the said complaint being made, on 7th July 2014, the Transfer Committee decided to transfer the petitioner from Gwalior to Sidhi. The transfer order was issued on 8th July 2014. The petitioner made a representation on the very next day i.e. 9th July 2014, and the same was rejected within two days i.e. 11th July 2014. On 11th July 2014, the petitioner made another representation. However, that also did not find favour with respondent No. 1 and was rejected on 14th July 2014, on the ground that the earlier representation on identical grounds was already rejected. It is to be noted that 12th July 2014 was a second Saturday, 13th July 2014 was a Sunday and on the very next working day i.e. 14th July 2014, her second representation was rejected. On 15th July 2014, the petitioner tendered her resignation. On the next day i.e. 16th July 2014, the MP High Court with the recommendation for acceptance of the same, forwarded it to respondent No.2. On the very next day i.e. 17th July 2014, respondent No. 2 accepted the same.87. We are therefore of the considered view that in the peculiar facts and circumstances of the case, the petitioners resignation dated 15th July 2014, could not be construed to be voluntary. In any case, immediately in a fortnight, on 1st August 2014, the petitioner had made a representation to Honble the President of India as well as the Chief Justice of India, with a copy to the Chief Justice of the MP High Court for reconsideration of the circumstances under which, she was left with no option but to resign. Though, it may not be possible to observe that the petitioner was forced to resign, however, the circumstances enumerated hereinabove, would clearly reveal that they were such, that out of frustration, the petitioner was left with no other alternative.In this regard, it is to be noted that the petitioner was initially appointed on probation for a period of two years on 1st August 2011. Her probation was completed on 1st August 2013. Admittedly, there has been no order extending the period of probation of the petitioner from 1st August 2013 onwards. On the contrary, she was assigned with various additional duties in the year 2013. Not only this, but her assessment for the assessment year 2013, during which, she would be deemed to be confirmed, was very good. We therefore find that the said contention is nothing but an after-thought.89. Insofar as the contention with regard to delay is concerned, we find no merit in the said contention also. Immediately after the petitioner resigned on 15th July 2014, she made a representation to Honble the President of India as well as the Chief Justice of India, with a copy to the Chief Justice of the MP High Court, requesting to reconsider the circumstances in which she was left with no option but to resign. The petitioner thereafter had also pursued a writ petition before this Court. Thereafter, she had participated in the proceedings before the JIC and after the JIC expressed its opinion, that it would be in the interest of justice that she should be re-instated in service, she made a representation to the MP High Court, for re-instatement in service. After the said representation was rejected, she has immediately approached this Court in the present matter. We therefore find that the petitioner cannot be denied the reliefs on the so- called grounds of delay and laches.91. We find the said submissions to be totally uncalled for. At the outset, we have clarified that we are only examining the correctness and otherwise of the order of transfer, the rejection of the representations and the question as to whether the resignation in the facts of the present case, could be construed to be voluntary or not. We have not at all gone into the question, regarding the correctness or otherwise of the decisions of the Full Court of the MP High Court with regard to the rejection of the petitioners representation. As already discussed hereinabove, there might be reasons and factors which might have weighed with the Full Court of the MP High Court for taking such a decision. At the cost of repetition, we reiterate that we have full respect for the authority of the Full Court to arrive at such a decision. As such, there is no question of stigmatizing the Full Court of the MP High Court. It is a different matter, that if the suggestions made by this Court on more than one occasion would have been accepted, the exercise of examining the factual scenario, could have been avoided. In any case, we have restricted our inquiry only to the facts, which we found necessary to decide the present case. We have refrained ourselves from going into the details of the findings of the JIC, so as to protect the dignity of all concerned. We have refrained ourselves from mentioning a single name in our judgment.92. In that view of the matter, the contention of the learned Solicitor General with regard to stigmatizing the MP High Court is without substance.93. Insofar as the contention, that if this Court holds the resignation in the present case to be coercive, it will have far- reaching effects on the administration of judiciary is concerned, the same is also without substance. It will be apposite to refer to the following observations made by this Court in the case of Union of India and Others v. Dhanwanti Devi and Others (1996) 6 SCC 44 :9. …….. It is not everything said by a Judge while giving judgment that constitutes a precedent. The only thing in a Judges decision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and isolate from it the ratio decidendi. According to the well-settled theory of precedents, every decision contains three basic postulates—(i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts; and (iii) judgment based on the combined effect of the above. A decision is only an authority for what it actually decides. What is of the essence in a decision is its ratio and not every observation found therein nor what logically follows from the various observations made in the judgment. Every judgment must be read as applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there is not intended to be exposition of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found……It could thus be seen that this Court has held that a decision is an authority only for what it actually decides. Every judgment must be read as applicable to the particular facts, proved or assumed to be proved. The generality of the expressions found there, is not intended to be exposition of the whole law, but governed and qualified by the particular facts of the case in which such expressions are to be found.94. This Court in the case of The Regional Manager and Another v. Pawan Kumar Dubey (1976) 3 SCC 334  has succinctly observed thus:7. …..Even where there appears to be some conflict, it would, we think, vanish when the ratio decidendi of each case is correctly understood. It is the rule deducible from the application of law to the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts.The ratio decidendi is a rule deducible from the application of law to the facts and circumstances of a case and not some conclusion based upon facts which may appear to be similar. It has been held that one additional or different fact can make a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts.