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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Rot Prakash Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Present petition has been filed seeking directions to the respondents to allow the petitioner to withdraw his resignation and allow him to join the duties.
2. The case of the petitioner is that in the year 2020, while he was on leave, he was diagnosed with some serious psychological ailments because of which he could not join his duty; rather he sent a resignation letter on 10.12.2020 under the influence of psychological problem. On 23.12.2020, the Deputy Commandant/Adjudent 161 Battalion Ramgarh informed the petitioner that unless or until he attended the office at the headquarter of his Battalion, no action can be taken on his abovementioned application. In February, 2021, he was dismissed from service and subsequently on gaining normalcy, his request to withdraw the same was rejected by the Competent Authority as well as by the Appellate Authority, however, it is permissible under BSF Rules.
3. Learned counsel appearing on behalf of the respondents submits that pursuant to order dated 09.12.2022 of this Court, the respondents produced two resignation letters dated 10.12.2020 and 10.02.2021 submitted by the petitioner.
4. It is not in dispute that petitione
Withdrawals of resignation must comply with stipulated timelines and demonstrate changed circumstances to be valid.
Resignation can be withdrawn before its acceptance.
An employee cannot withdraw his resignation after it has been accepted by the employer.
The court emphasized the importance of adhering to the prescribed period for withdrawal of resignation and the need for providing cogent reasons for withdrawal.
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 was invalid due to non-timely action by the department and discriminatory practices in handling similar cases.
The court emphasized the requirement for reasoned orders in decisions regarding the petitioner's request for resignation and discharge from service.
An employee's resignation is effective upon acceptance by the employer, and withdrawal must occur before acceptance; acceptance of benefits indicates cessation of employment.
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.
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