The rejection of a request for withdrawal of resignation must be in conformity with the relevant rules and must be supported by valid reasons.

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 a representation on 18.01.2017 and the same was accepted by the respondent No.2 on 25.01.2017 with effect from 27.01.2017. Though the representation was submitted on 21.04.2017 to withdraw his resignation, the respondent No.1 has passed the order impugned against Rule 26 of Central Civil Service (Pension) Rules, 1965 ('Rules' for short) on an erroneous ground that the restoration in services within 90 days from the date of submission of the resignation letter was not sought for. Learned Senior counsel has placed reliance on the judgment of the Hon'ble High Court Gauhati in the case of Navin Ram, Ex. Rifleman (Gd) vs. The Union of India and others passed in W.P.(C) No.6891/2010 (D.D. 07.08.2012).

4. Learned CGSC Sri. M.N. Kumar appearing for the respondents submitted that the appellant has not complied with the mandatory requirement of Rule 26 of the Rules. Drawing the attention of Court to Rule 26(4)(iii), it was submitted that the period of absence from duty between the date on which the resignation became effective and the date on which the person is allowed to resume duty as a result of permission to withdraw the resignation has to be not more than 90 days. Indisputedly, the request was made by the appellant on 21.04.2017 to reinstate him/permitting him to withdraw the resignation. However, the said representation was not submitted before the Appointing Authority. By the time the request was placed before the Appointing Authority, 90 days period was over. Learned counsel further submitted that an undertaking was given by the appellant that no withdrawal of resignation would be made by him at a later stage under any circumstances whatsoever be the reason thereof. The said undertaking was given after the appellant was personally called and explained the effect of resignation that would cause the financial hardship. The appellant has made a request for transfer at Bengaluru or Delhi, which indeed was not feasible and on the transfer made to Chattisgarh, he has resigned even after the counseling was made to him. Hence, having regard to these vital aspects, the respondent No.1 has passed the order as per Annexure - J rejecting his request. The same having been rightly considered by the learned Single Judge, no interference is warranted by this Court.

5. We have carefully considered the rival submissions of the learned counsel appearing for the parties and perused the material on record.

6. Rule 26(4)(iii) of the Rules reads thus:

'26. Forfeiture of service on resignation:

(1) xxxx

(2) xxxx

(3) xxxx

(4) The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely:-

(i) xxxx

(ii) xxxx

(iii) that the period of absence from duty between the date on which the resignation became effective and the da