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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Vijay Bishnoi, N. Unni Krishnan Nair
Union Of India – Appellant
Versus
Ex-Constable, FORCE NO. 89008021 Nirmal Kumar Sharma S/o Shri Prem Nath Sharma – Respondent
JUDGMENT & ORDER :
N. Unni Krishnan Nair, J.
Heard Mr. Hareesh Gupta, learned CGC, appearing on behalf of the appellants. Also heard Mr. Rajesh Mazumdar, learned counsel appearing on behalf of the respondent.
2. The present intra-Court appeal is instituted by the appellants, assailing the judgment & order, dated 17.08.2023, passed by the learned Single Judge in WP(c)2626/2011, allowing the writ petition filed by the respondent, herein, by interfering with the acceptance of the resignation submitted by the respondent on 08.04.2003, and further, directing that the respondent be deemed to have continued in service till the date of the judgment & order and be permitted to go on voluntary retirement from service w.e.f. 18.08.2023, with all consequential benefits, as directed.
3. The respondent, herein, had submitted a resignation letter, on 08.04.2003, before the Commandant, 128 Battalion, Border Security Force, praying for resigning from his job voluntarily on account of some domestic problems faced by him. The said resignation letter, on being processed, came to be accepted by the Commandant, vide order, dated 25.04.2003, w.e.f. 30.04.2003. Accordingly, the respondent was permitted to pro
A member of the Border Security Force must obtain prior written permission to submit a resignation application; failure to do so renders the resignation invalid.
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 court ruled that a discharge application must be voluntary and properly examined; failure to do so invalidates subsequent actions.
An employee can withdraw a resignation before it becomes effective, even if accepted, as long as the employer-employee relationship persists.
The court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.
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.
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