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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
K Jayavelu Force No. 986336577 (EX HC/GD) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's discharge request and revocation. (Para 1 , 2) |
| 2. petitioner's rights to revoke discharge. (Para 3 , 4 , 5) |
| 3. court's directive to decide petition. (Para 6 , 7) |
| 4. rights to challenge decision. (Para 8) |
JUDGMENT
Manmohan, J. (Oral):--Present writ petition has been filed challenging the order dated 17th May/17th June, 2019 and subsequent orders dated 31st October, 2019 and 13th April, 2020 passed by the respondents. Petitioner also seeks a direction to the respondent to reinstate the petitioner in service with all consequential benefits.
2. Learned Counsel for the Petitioner states that the Petitioner, a Constable/General Duty with Border Security Force, made a request for voluntary discharge from service on 13th December, 2018 since he had to manage a family dispute. He states that the dispute was resolved and the Petitioner gave revocation/cancellation notice upon returning from leave on 12th May, 2019 and permanently joined his duties in the General Area of Raja Nagar BOP in West Bengal State. He states that Respondents refused to allow the Petitioner to withdraw his discharge request and the Petitioner retired from the Force on 31st October, 2019.
A voluntary discharge request can be revoked prior to its acceptance, obligating the authority to honor the revocation if made timely.
The competent authority's requirement for a retirement application at a new posting is valid, and voluntary retirement can only be denied if service interests demand it.
Point of Law : Petitioner had not rendered any service during this period, question of the petitioner getting any benefits for said period such as salary, promotion, etc. would not arise.
The application for voluntary retirement should be considered by the new unit after the petitioner's transfer.
Dismissal from service upheld due to prolonged unauthorized absence and insufficient justification for the leave; reinstatement denied as the petitioner failed to comply with mandatory communication ....
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....
Dismissal from service without trial is permissible under the BSF Act when due process is deemed followed, and claims for medical reasons must be substantiated with contemporaneous records.
The court upheld the dismissal of the petitioner for unsuitability, affirming that the decision-making process was fair and aligned with established guidelines, despite the petitioner's claims of per....
A member of the Border Security Force must obtain prior written permission to submit a resignation application; failure to do so renders the resignation invalid.
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