SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Rajkumar Bukya – Appellant
Versus
Director General Coast Guard Headquarters – Respondent
JUDGMENT (Oral)
CM APPL. 26028/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 6631/2023
3. Vide the present petition, the petitioner is seeking following reliefs:
"a.) To direct the respondent no. 1 to consider the request of resignation submitted by the petitioner on 15.01.2021, 07.12.2021, 31.07.2022 and 30.11.2022 and recommended by the commanding officers on 17.05.2021, 26.10.2022, 07.12.2021, 19.01.2022 and 26.09.2022;
b.) To direct the 1st Respondent to pass orders on the application for resignation submitted by the petitioner to the 4th Respondent on 31.07.2022 and 30.11.2022."
4. Vide Letter dated 07.12.2021, the petitioner tendered his request for resignation on compassionate ground to the respondent No. 4/The Commanding Officer, ICGS Varad, and the same was forwarded to the Commander, Headquarters No. 7, Coast Guard, District Odisha by the respondent No. 4/The Commanding Officer, ICGS Varad. Vide Communication dated 15.07.2022, it was conveyed to the petitioner by the Deputy Commandant, Staff Officer (Admin) for Officer-in-Charge that the competent authority has not approved his case for discharge from service.
5.
The court emphasized the requirement for reasoned orders in decisions regarding the petitioner's request for resignation and discharge from service.
Timely consideration and decision on resignation requests by military personnel.
The court mandated timely consideration of resignation requests submitted by the petitioner, ensuring the right to appeal any adverse decision.
Withdrawals of resignation must comply with stipulated timelines and demonstrate changed circumstances to be valid.
Once a resignation is accepted, it cannot be withdrawn after a significant period of time.
Resignation withdrawal acceptance condones service interruption per DOPT OM; invalidates subsequent disciplinary action for unauthorized absence.
The court emphasized the importance of complying with the Guidelines dated 03.08.2017 in the decision-making process and allowed the petitioner to challenge the decision before the appropriate forum ....
The acceptance of resignation based on medical grounds and the entitlement to relief after acceptance of resignation.
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
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....
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