Back
S. SUJATHA, RAVI V. HOSMANI
Shantha Kumar S. J. – Appellant
Versus
Director General Central Reserve Police Force – Respondent
JUDGMENT
1. This intra-Court appeal is filed under Section 4 of the Karnataka High Court Act, 1961 challenging the order dated 15.07.2019 passed by the learned Single Judge in W.P.No.57860/2017, whereby the writ petition filed by the appellant herein has been dismissed.
2. The appellant, who was working as a Constable - General Duty in CRPF having been appointed with effect from 19.02.2003, had submitted resignation seeking voluntary retirement on 18.01.2017. The said resignation was accepted on 25.01.2017. Subsequently, the appellant submitted representation on 21.04.2017 for withdrawal/reconsideration of acceptance of his resignation which came to be rejected as per the endorsement dated 22.05.2017 passed by the respondent No.1 (Annexure - J). Being aggrieved by the said order of rejection, the appellant approached the writ Court inter alia seeking consequential reliefs in addition to the challenge made to the communications dated 25.01.2017 and 22.05.2017 at Annexures - F and J. Writ Petition having been dismissed, this appeal has been preferred by the appellant.
3. Learned Senior counsel Sri. N. Ravindranath Kamath appearing for the appellant submitted that the appellant had made
The rejection of a request for withdrawal of resignation must be in conformity with the relevant rules and must be supported by valid reasons.
The court emphasized the importance of adhering to the prescribed period for withdrawal of resignation and the need for providing cogent reasons for withdrawal.
Resignation can be withdrawn before its acceptance.
The main legal point established in the judgment is that the resignation of a member of the CRPF should not be accepted hastily, disregarding the mandatory notice period, and the appointing authority....
An employee, including a Government Servant, has the right to seek withdrawal of resignation within a reasonable time, and the duty period for all purposes should be considered.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
The acceptance of resignation is binding, requiring adherence to prescribed timeframes for withdrawal, with relaxation only permissible under exceptional hardship, subject to administrative considera....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
