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SANJAY KUMAR MEDHI
Nitu Kumari Pandey S/o Lt. Madan Pandey – Appellant
Versus
Union Of India – Respondent
The rejection of the prayer of the petitioner for withdrawing her resignation from service is the broad subject matter which has been raised in this petition filed under Article 226 of the Constitution of India. The facts in brief may be stated as follows.
2. The petitioner was appointed as a Constable in the Central Industrial Security Force (hereinafter CISF) on 20.08.2008 and after completion of training, she was posted at Kota, Rajasthan vide an order dated 16.04.2009. From 11.09.2012 to 08.11.2012, the petitioner was on leave and in the meantime on 14.09.2012 an order of transfer of the petitioner to Dibrugarh was passed.
3. On the issue of overstay of leave, a departmental proceeding was initiated against the petitioner which had culminated in imposition of a penalty of reduction of pay for 3 years. Though such action was not put to any challenge, it has been pleaded that due to certain domestic problems, on 28.05.2013, the petitioner had submitted her resignation. The same was provisionally accepted vide a communication dated 29.05.2013 and on the same date, the petitioner was discharged. On the next date i.e. 30.05.2013, the name of the petitioner was struck off from the rol
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 rejection of a request for withdrawal of resignation must be in conformity with the relevant rules and must be supported by valid reasons.
An employee, including a Government Servant, has the right to seek withdrawal of resignation within a reasonable time, and the duty period for all purposes should be considered.
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....
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
The acceptance of resignation is binding, requiring adherence to prescribed timeframes for withdrawal, with relaxation only permissible under exceptional hardship, subject to administrative considera....
The resignation of police personnel requires a two months' notice per the Police Act and cannot be conditional; thus, any resignation not meeting these requirements is invalid.
Point of Law : The Board in exercise of power conferred under Section 33 read with Section 34 of IIIT Act with the approval of the Visitor notified the First Statute of IIIT. Statute 10 provides term....
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