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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Karshanbhai Shamlaji Mali - Appellant
Versus
Union of India - Respondent
W.P.(C) 15193 of 2022
Decided On : 03-11-2022
Important Points
Subject
Administrative Law - Service Law
Headnote
(B) Legal Principle - The appointing authority's discretion to permit withdrawal of resignation is contingent upon adherence to specified timelines and justifications; representations made after a significant delay without showcasing change of circumstances are not valid. (Paras 2-3)
Facts of the case:
The petitioner resigned from service effective 31.08.2019, and subsequent representations for withdrawal were submitted over a year later, without changes in circumstances as required by relevant rules. (Para 2)
Findings of Court:
The court found no merit in the petition and dismissed it based on the criteria established by CCS CCA Pension Rules. (Para 3)
Issues: The core issue was whether the petitioner's late representations for the withdrawal of resignation, lacking change of circumstances, could be accepted under the applicable regulations. (Para 2)
Ratio Decidendi: The court reasoned that compliance with the stipulated time frame for withdrawal of resignation is essential and that the absence of timely communication and justification invalidates the request. (Para 2)
Result: Petition dismissed.
| Table of Content |
|---|
| 1. quashing of impugned orders (Para 1) |
| 2. conditions for withdrawal of resignation (Para 2) |
| 3. petition dismissed (Para 3) |
JUDGMENT (Oral)
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 a result of permission to withdraw the resignation is not more than 90 days."
3. In view of above, we find no merit in the present petition. The same is, accordingly, dismissed.
