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HEMANT M. PRACHCHHAK
Harisinh Gulamsinh Cudasma – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Present petition is filed by the petitioner under Article 226 of the Constitution of India for quashing and setting aside the order of acceptance of resignation dated 29.10.2015 passed by respondent No.3 and for issuance of direction to reinstate the petitioner in service.
2. Short facts of the present petition are that the petitioner appointed as Armed Police Constable on 21.03.2001 and joined the service and training and he was transferred from Patan to Rajkot and after initiation of departmental inquiry, the petitioner was dismissed from the services. The petitioner had filed Special Civil Application No.4978 of 2009 for reinstatement him on service and, thereafter, he was reinstated in service and resumed his duty. It is the case of the petitioner that after reinstating in service, he was suffering from back pain and taking treatment and, therefore, he requested the respondent – authority to give him work in the office of LIB as he is studied upto LL.B (Special). That due to mental harassment and torture, the petitioner has given resignation and, thereafter, he made a representation to respondent No.3 and requested to orderly room considering his sickness, however,
The acceptance of resignation based on medical grounds and the entitlement to relief after acceptance of resignation.
A resignation must be clear and unambiguous; conditional resignations cannot be accepted without addressing the conditions first.
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
The court emphasized the importance of adhering to the prescribed period for withdrawal of resignation and the need for providing cogent reasons for withdrawal.
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....
The withdrawal of resignation and seeking reinstatement is subject to the appointing authority's discretion and should involve public interest.
An employee has the right to resign even after disciplinary proceedings if no further action is pending.
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