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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, J.
Rajesh Kumar Balak Ram Chandrakar – Appellant
Versus
Information And Library Network Centre (INFLIBNET) – Respondent
R/Special Civil Application No. 2720 of 2013
Decided on : 10-06-2022
The petitioner, a scientist at INFLIBNET, resigned from his position on 14th December 2012, citing personal reasons. He withdrew his resignation on 21st February 2013 before the effective date of resignation, but the respondent authority relieved him from service on 19th February 2013 with effect from 14th March 2013. The petitioner challenged this decision, arguing that he had the right to withdraw his resignation before it became effective. The court held that the petitioner's resignation was accepted on 10th January 2013 and was to be effective from 14th March 2013, as per the rules of the respondent. The petitioner's withdrawal of resignation after its acceptance was rightly rejected by the respondent.
Fact of the Case:
The petitioner, a scientist at INFLIBNET, resigned from his position on 14th December 2012, citing personal reasons. He withdrew his resignation on 21st February 2013 before the effective date of resignation, but the respondent authority relieved him from service on 19th February 2013 with effect from 14th March 2013.
Finding of the Court:
The court held that the petitioner's resignation was accepted on 10th January 2013 and was to be effective from 14th March 2013, as per the rules of the respondent. The petitioner's withdrawal of resignation after its acceptance was rightly rejected by the respondent.
Issues: Whether the petitioner had the right to withdraw his resignation before it became effective.
Ratio Decidendi: The court relied on the rules of the respondent, which stated that a resignation shall not become effective unless it is accepted by the competent authority and the employee concerned is relieved of his post. The court also relied on the decision of the Supreme Court in Modern School v. Shashi Pal Sharma and Others, 2007 (8) SCC 540, which held that a resignation cannot be withdrawn after its acceptance.
Final Decision: The petition was dismissed.
JUDGMENT :
Heard learned advocate Mr.Anand Sharma for learned advocate Mr.Prateek Bhatia for the petitioner and learned advocate Mr.Akshat Khare for learned advocate Mrs.Suman Khare for the respondent No.1.
1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs :
(A) quash and set aside the decision of the respondent authority of accepting the resignation of the petitioner from service, and consequently quash and set aside the office order purported to be dated 19.2.2013, whereby the petitioner is ordered to be relieved of his services from the respondent authority, Annexure-A to this petition, and
(B) quash and set aside the order of the respondent authority dated 22.2.2013 denying the request of the petitioner for deputation to Bastar University, Annexure-T to this petition, and further be pleased to direct the respondent authority to relieve the petitioner on deputation for joining Bastar University, Jagadalpur, and
(C) pending admission and final disposal of the petition, the Honourable Court may be pleased to stay the operation, implementation and execution of the impugned order dated 19.2.2013, Annexure-A to this petition, and thereby the Honourable Court may be pleased to restrain the respondent authority from relieving the petitioner from his service with the respondent authority, and
(D) pending admission and final disposal of the petition, the Honourable Court may be pleased to direct the respondent authority to relieve the petitioner on deputation for joining Bastar University, Jagadalpur, and
(E) award the cost of the petition, and
(F) grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case.”
2. Brief facts of the case are as under:
2.1. The respondent-Information and Library Network Centre (INFLIBNET) is established as inter university center in the year 1991 by the University Grants Commission(UGC) with the approval of the Government of India as per the provisions of Section 12(ccc) of the University Grants Commission Act, 1956 (for short ‘the Act, 1956’). The petitioner joined the service of the respondent as a direct recruit as Scientific and Technical Officer-I on 06.03.1997.
2.2. The petitioner was thereafter appointed as direct recruit as Scientist-B (LS) on 22nd December, 2008.
2.3. The petitioner tendered resignation on 14.12.2012 citing personal reasons as per the rules. The rules of the respondent requires at least three months notice in writing for tendering the resignation.
2.4. The petitioner withdrew his resignation on 21st February, 2013 before the effective date of resignation i.e. 14th March, 2013. However, the petitioner was relieved from his service as per the office order dated 19th February, 2013 with effect from 14th March, 2013.
2.5. This Court (Coram: Hon’ble Mr.Justice K.M.Thaker As His lordship was then) while admitting the matter passed the following order on 13th March, 2013 :
2. In present petition, the petitioner has prayed that:-
“9 (A) quash and set aside the decision of the respondent authority of accepting the resignation of the petitioner from service, and consequently quash and set aside the office order purported to be dated 19.2.2013, whereby the petitioner is ordered to be relieved of his services from the respondent authority, Annexure-A to this petition, and
(B) quash and set aside the order of
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