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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Kumar Supravin – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. judicial review of tribunal's decision. (Para 3) |
| 2. arguments on withdrawal of resignation. (Para 4 , 5) |
| 3. court's decision to not interfere. (Para 6) |
| 4. factual timeline and history of the case. (Para 7 , 8 , 9) |
| 5. arguments addressing past decisions. (Para 10) |
| 6. analysis of relevant rules and their application. (Para 11) |
| 7. power to relax rules in exceptional circumstances. (Para 12) |
| 8. consideration of merit and contributions of petitioner. (Para 13) |
| 9. confirmation of tribunal's conclusion. (Para 15) |
| 10. final order dismissing the writ petition. (Para 16 , 17) |
JUDGMENT
Rajiv Shakdher, J.: (ORAL)
[Court hearing convened via video-conferencing on account of COVID-19]
CM APPL. 35139-40/2021
1. Allowed, subject to just exceptions.
W.P.(C) 11415/2021 and CM APPL. 35141/2021[Application filed on behalf of the petitioner to place on record additional documents]
2. With the consent of the counsel for the parties, the writ petition has been taken up for hearing and final disposal, at this stage itself.
3. This writ petition is directed against the order dated 13.05.2021, passed by the Central Administrative Tribunal [in short "the Tribunal"] in OA No.954/2021.
4. The
The acceptance of resignation is binding, requiring adherence to prescribed timeframes for withdrawal, with relaxation only permissible under exceptional hardship, subject to administrative considera....
Point of Law : The Board in exercise of power conferred under Section 33 read with Section 34 of IIIT Act with the approval of the Visitor notified the First Statute of IIIT. Statute 10 provides term....
An employee cannot withdraw his resignation after it has been accepted by the employer.
Employee entitled to withdraw VRS notice before effective date, but acceptance and prolonged use of retiral benefits bars reinstatement under approbate-reprobate doctrine, severing service relation p....
A resignation cannot be withdrawn after its acceptance.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
An employee can withdraw a voluntary retirement application before the effective date of retirement, as affirmed by the Court, ensuring that rights under Article 21 are protected; engaging in post-re....
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