DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Karshanbhai Shamlaji Mali – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. quashing of impugned orders (Para 1) |
| 2. conditions for withdrawal of resignation (Para 2) |
| 3. petition dismissed (Para 3) |
1. Present petition has been filed seeking quashing of the impugned orders dated 31.08.2021 issued by Commandant Medical BSF and 10.09.2021 issued by Dy. Commandant 154 BN BSF and 14.06.2022 issued by the Commandant Medical BSF.
2. It is not in dispute that petitioner has resigned from the service on 08.06.2019 and the same was accepted on 07.08.2019 w.e.f. 31.08.2019. Thereafter petitioner made representations on 02.09.2020, 29.09.2020 and 24.11.2020 for withdrawal of resignation, however, in the said representations, there is no change of circumstances mentioned by the petitioner and the said representations have filed after more than a year which is contrary to CCS CCA Pension Rules as laid down vide OM dated 10.06.2019 wherein it is stated as under:
"2. The appointing authority may permit a person to withdraw his resignation in the public interest on the condition
(c) that the period of absence from duty between the date on which the resignation became effective and the date on which the person is allowed to resume duty as
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Once a resignation is accepted, it cannot be withdrawn after a significant period of time.
The court emphasized the requirement for reasoned orders in decisions regarding the petitioner's request for resignation and discharge from service.
The rejection of a request for withdrawal of resignation must be in conformity with the relevant rules and must be supported by valid reasons.
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.
A resignation must be clear and unambiguous; conditional resignations cannot be accepted without addressing the conditions first.
Resignation withdrawal acceptance condones service interruption per DOPT OM; invalidates subsequent disciplinary action for unauthorized absence.
The acceptance of resignation was invalid due to non-timely action by the department and discriminatory practices in handling similar cases.
The acceptance of resignation is binding, requiring adherence to prescribed timeframes for withdrawal, with relaxation only permissible under exceptional hardship, subject to administrative considera....
The court emphasized the importance of adhering to the prescribed period for withdrawal of resignation and the need for providing cogent reasons for withdrawal.
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