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2019 Supreme(Pat) 659
IN THE HIGH COURT OF JUDICATURE AT PATNA
AMRESHWAR PRATAP SAHI, ANJANA MISHRA, JJ.
Arif Raza S/o Late Md. Mohsin - Petitioner
Versus
The Union of India through the General Manager, East Central Railway, Hajipur and Ors - Respondent
Civil Writ Jurisdiction Case No.11444 of 2019
Decided On : 26-07-2019
For the Petitioner:Mr. Chitranjan Sinha, Sr. Advocate Mr. Alok Ranjan, Advocate
For the Respondent:Mr. Siddhartha Prasad, Mr. Kamlesh Tewari, Advocates
Headnote:
Service Law – Resignation – Withdrawal – Request for withdrawal rejected on ground that there were no compelling reasons for petitioner to resign – Resignation tendered by petitioner was voluntary and it is not the case of petitioner that he had tendered resignation in haste or without understanding pros and cons of act of resignation – What motivated petitioner to resign was his ambition to contest Assembly Elections and try his luck in political field – This was an entirely personal decision of petitioner arising out of an ambition to test his fate on the anvil of popular votes and it was not a case that he was compelled to opt for the same – Right to participate in a democratic process is one thing, but a right to contest elections is not a fundamental right – Entertaining of application for withdrawal has to be analyzed on the basis of any compelling reason that existed for tendering resignation – A person undertaking risk of contesting election is virtually gambling with his own fate which is not a compulsion by any norms – A personal ambition to become a public representative is not a compulsion and is rather a choice – Railways, appropriately declined to allow withdrawal of resignation – Writ petition rejected. (Paras 17, 19, 20, 22, 27 and 28)
Cases Referred:
P. Naresh Kumar vs. Additional Divisional Railway Manager, South Western Railway, 2008 (3) CAT) pg 300; Kartar Singh vs. State of Haryana, 1998 (119) PLJR 448 – Referred.
JUDGMENT :
AMRESHWAR PRATAP SAHI, J.
1. The Central Administrative Tribunal, Patna has declined to quash the order passed by the respondent Railways dated 27th May, 2011 whereby the request of the petitioner to withdraw his resignation has not been accepted.
2. The petitioner being an ex-serviceman having worked for the Indian Air Force for 15 years was re-employed in the Railways as a Section Engineer.
3. The petitioner’s political ambitions allured him to test his fate by contesting the Bihar Assembly Elections of 2010 for which he tendered his resignation on 28th September, 2010 before the Divisional Railway Manager, East Central Railway, Danapur. The purpose of resignation was clearly intended to contest the Assembly Elections from Hasanpur Constituency of District-Samastipur in Bihar. The resignation was accepted with effect from 29th September, 2010. The petitioner contested the elections and lost the same. The resignation, according to its terms, became effective and it is on 26th of November, 2010, almost one month after the acceptance of the resignation, that the petitioner moved his request for withdrawing his resignation.
4. The said request was declined on 27th of May, 2011. The order passed and communicated on behalf of the Divisional Railway Manager, East Central Railway, Danapur is extracted hereinunder:-
“EASTERN RAILWAY
No. E/Elect/TRD/Retired/VR/Resignation/10,
Danapur, Dated: 27.05.2011
Sri ARIF RAZA (Ex SE/Drg/TRD/DNR) Bithan Bazar
Post- Hasanpu
Distt.- Samastipur
PIN- 848207
Through: Sr. DEE/TRD/ECR/DNR
Sub:-Withdrawal of resignation in Public Interest.
Ref:-Your application dt. 03.12.2010 & 24.3.2011.
Your application under reference was examined at this end and after consultation of Rules/Instructions issued from time to time, it has been decided that there is no such provision for withdrawal of resignation in terms of Railway Board’s letter no. E(NG) I-96/RGI/1 dated 17.02.1997 (RBE No./28/97).
(Arvind Kumar Sharma)
Asstt. Personnel Officer
For Divisional Railway Manager
East Central Railways
Danapur”
5. The request was declined on the strength of a Railway Board letter dated 17th February, 1997.
6. It may be pointed out that according to the Railway Board letter dated 05.08.1977 resignations are acceptable as per the provisions therein extracted hereinunder:
“Resignations:
(a) In no circumstances shall the resignation of a Railway servant whose conduct is under investigation be accepted without the sanction of the authority competent to dismiss him. In cases in which a Railway servant has committed an offence for which the penalty is dismissal or removal from service, no suggestion should be made to him to tender his resignation.
(b) The resignation of Group A & B Railway servants, other than those holding administrative posts, serving on Railways may be accepted by the General Managers. The acceptance of resignation of all other Group A Railway servants shall require sanction of the President and hence, such resignations of Group A & B Railway servants on Indian Railways/Production Units shall be forwarded to Railway Board.
(c) The resignation of Group C & D Railway servants, shall be accepted by the authority competent to fill the post held by him at the time of resignation.
When a Railway servant working on important post resigns and it would take time to make alternative arrangements for filling the post, the resignation should not be accepted immediately but only when alternative arrangements are made:
[R.B.’s No. E(NG) 65 AG/1/2 of 30-6-66 and E(NG)64 RE/1/36 of 26.10.196
In case a Railway servant against whom an enquiry or investigation is pending (when he has been placed under suspension or not) submits his resignation, such resignation should not normally be accepted. Where, however, the acceptance of resignation in such cases is considered necessary in the public interest, the same may be accepted with the prior approval of the authority competent to dismiss the Railway servant concerned provided for or more of the condi
