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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Rajkumar Bukya – Appellant
Versus
Director General Coast Guard Headquarters & Ors. – Respondents
W.P.(C) 6631 of 2023
Decided On : 18-05-2023
Exemption - Resignation from Service - The court directed the respondents to decide the petitioner's representation for discharge from service with a reasoned order within four weeks, and communicate the decision to the petitioner within one week thereafter.
Fact of the Case:
The petitioner sought directions to consider his request for resignation and pass orders on the application for resignation submitted to the respondent.
Finding of the Court:
The court disposed of the petition by directing the respondents to decide the petitioner's representation for discharge from service with a reasoned order within four weeks, and communicate the decision to the petitioner within one week thereafter.
Issues: The main issue was the petitioner's request for resignation and the lack of reasons given for not approving his case for discharge from service.
Ratio Decidendi: The court emphasized the need for the respondents to provide reasoned orders for decisions regarding the petitioner's request for resignation and discharge from service.
Final Decision: The court disposed of the petition by directing the respondents to decide the petitioner's representation for discharge from service with a reasoned order within four weeks, and communicate the decision to the petitioner within one week thereafter.
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. However, on perusal of the Communication dated 15.07.2022, it is crystal clear that no reasons whatsoever were given to the petitioner for not approving his case for discharge from service.
6. Thereafter, the petitioner made the Representation dated 30.11.2022 to the respondent No. 4/The Commanding Officer, ICGS Varad reiterating his request for discharge from service. However, till date, the said Representation dated 30.11.2022 of the petitioner has not yet been decided.
7. Accordingly, we hereby dispose of the present petition directing the respondents to decide the Representation dated 30.11.2022 of the petitioner with a reasoned order within four weeks.
8. The decision, so taken, shall be communicated to the petitioner within one week thereafter.
9. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
10. Accordingly, the present petition is disposed of.
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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