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NIKHIL S. KARIEL
Shubham Amirdan Khadiya – Appellant
Versus
Ahmedabad Municipal Corporation – Respondent
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 sa
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.
A resignation tendered by an employee voluntarily, unless accepted, cannot bring an end to the employment contract, as per Clause 20 of the employment contract and Rule 36 of the Gujarat Civil Servic....
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
The court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
A resignation accepted unconditionally cannot be withdrawn unilaterally, and a suit for declaration regarding continuation in service is not maintainable if the employee is not classified as a workma....
An employee's application for voluntary retirement is effective if not refused, and resignation cannot be accepted retroactively without following proper procedures.
A resignation is invalid if not given with the stipulated notice under applicable rules, especially when submitted under acute mental distress.
An employee's resignation can be withdrawn before acceptance even if made conditionally, as long as the relationship has not been severed.
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