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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Rot Prakash Kumar – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 16863 of 2022
Decided On : 23-05-2023
Resignation - Psychological Ailments - Withdrawal of Resignation
Fact of the Case:
The petitioner sought to withdraw his resignation due to psychological ailments, but the respondents had already accepted and discharged him from service.
Finding of the Court:
The court found that the resignation was accepted by the respondents and that the petitioner's request to withdraw the resignation made 7 months later could not be permitted.
Issues: The main issue was whether the petitioner's resignation could be withdrawn after it had been accepted and the petitioner discharged from service.
Ratio Decidendi: The court held that once a resignation is accepted, it cannot be permitted to be withdrawn through a subsequent letter made after a significant period of time.
Final Decision: The petition was dismissed, and the court found no ground to interfere with the order passed by the respondents.
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 petitioner was on sanctioned leave from 11.11.2020 to 10.12.2020 and thereafter no extension of leave was sought by the petitioner. Respondents received resignation letter dated 10.12.2020 and in response thereto, respondents sent a communication dated 23.12.2020 that since he is on leave, his resignation cannot be accepted and his appearance is required. Thereafter, the petitioner submitted another resignation letter dated 10.02.2021 to discharge him from the BSF w.e.f. 10.02.2021. Accordingly, the respondents accepted his resignation and discharged the petitioner from the service w.e.f. 10.02.2021 itself.
5. The petitioner sought withdrawal of his resignation vide letter dated 29.07.2021 which is 7 months later. The resignation once accepted, cannot be permitted to be withdrawn through a subsequent letter made after 7 months.
6. In view of above, we find no ground to interfere with the order passed by the respondents.
7. Petition is, accordingly, dismissed.
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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