A resignation from government service is effective only upon acceptance by the appointing authority, and the employer has the right to reject it if conditions for resignation are not met.

ORDER :

(Nikhil S. Kariel, J.)

1. Heard learned senior advocate Mr.Shalin Mehta with learned advocate Mr.Ninad Shah on behalf of the petitioner in Special Civil Application Nos.16166/2023, 16167/2023 and 16598/2023, learned senior advocate Mr.I.H.Syed with learned advocate Mr.Salim Saiyed on behalf of the petitioner in Special Civil Application No.16168/2023 and learned advocate Mr.Hamesh Naidu on behalf of the respondent – Corporation.

2. The present petitions were preferred inter alia challenging show cause notices issued to the petitioners on 24.08.2023 more particularly on the ground that the respondents were proposing to terminate the services of the petitioners without resorting to any departmental inquiry on the ground of alleged misconduct committed by the petitioners.

3. Learned advocate Mr.Naidu on behalf of the respondent Corporation has submitted that the respondent Corporation is inclined to conduct a departmental inquiry as per Rule 9 of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 and whereas learned advocate would submit that the petitioners may be directed to cooperate with the departmental inquiry for its expeditious completion. In response to the said submission by learned advocate Mr.Naidu, both learned senior advocate Mr.Mehta and learned senior advocate Mr.Syed would make a statement that the petitioners would fully cooperate with the respondent in expeditious decision in the departmental proceedings and whereas, the petitioners shall not seek any adjournment from the respondent subject to the petitioners being given appropriate and adequate opportunity.

4. While the above would be the position insofar as the petitions except SCA No.16598/2023, since an additional contention is raised, the same requires further consideration, thus, the following order is passed:-

In Special Civil Application No.16598/2023

(A) Learned senior advocate Mr.Shalin Mehta on behalf of the petitioner would submit that the petitioner had been appointed as an Assistant Station Officer in the Fire and Emergency Services of the respondent Corporation vide an order dated 28.05.2019. The said appointment was on fixed pay for a particular period and whereas the services of the appointees were to be governed more particularly as per the conditions mentioned in the said order.

(a) It is submitted by learned senior advocate Mr.Mehta that as per Clause-20 of the said order, the employee concerned would be entitled to resign and whereas the employee could either give a notice of one month or notice pay for the said period and whereas the clause also states with regard to the employee requiring to pay the bond amount. It is submitted by learned senior advocate that the petitioner had submitted his resignation on 27.10.2022 and whereas vide communication dated 28.10.2022 it was informed by the respondent corporation that the resignation of the petitioner could be accepted upon the petitioner complying with certain conditions mentioned in the appointment order more particularly the petitioner being required to comply with condition nos. 19 and 20 i.e. of repaying the bond amount as well as of depositing one month notice pay.

(b) It is submitted by learned senior advocate that the petitioner had deposited the bond as well as the basic pay amount with the Corporation vide Challan on the very date i.e. on 28.10.2022. It is submitted that the petitioner had also submitted a communication requesting the respondents to take back the sim card which the petitioner had been allotted. Learned senior advocate would submit that as against the same, vide communication dated 22.11.2022, the respondent Corporation had rejected the request of the present petitioner for resigning from service mor