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.

JUDGMENT :

VIKAS BUDHWAR, J.

1. Heard Sri Indra Raj Singh, learned counsel for the writ petitioner as well as Sri S.K. Pal, learned Addl. Chief Standing Counsel for the State.

2. Since counter affidavit and rejoinder affidavit have been exchanged between the parties, and the prayer has been made for disposal of the writ petition, this Court with the consent of the parties is proceeding to decide the writ petition at the admission stage.

3. The case of the writ petitioner is that he was initially appointed on the post of Constable in Delhi Police on 13.01.2020, however, in the meantime, a recruitment exercise stood undertaken for filling up the post of Sub-Inspector in Civil Police and Platoon Commander in PAC in the year 2011. The writ petitioner appeared in the said selection process, and he was selected, he was appointed as Sub-Inspector in Civil Police on 31.08.2017. On 28.12.2017, the writ petitioner had addressed a letter to the Inspector General of Police, Meerut Range, Meerut, second respondent to relieve him from the post of Sub-Inspector, Delhi Police enabling him to submit his joining on the post of Constable in Delhi Police due to medical problem and then the Inspector General of Police, Meerut Range, Meerut, second respondent directed the Senior Superintendent of Police, Meerut to do the needful in view of the application dated 28.12.2017. The Inspector General of Police, Meerut Range, Meerut, second respondent issued a letter dated 03.01.2018 to the S.S.P. Meerut while referring to the application of petitioner on 28.12.2017 with respect to relieving him from the police of Sub-Inspector in Civil Police. The S.S.P. Meerut fourth respondent, issued a letter dated 09.01.2018 to the Circle Officer, Meerut to submit a report after making enquiry on the basis of the affidavit of the petitioner and his family member on non-judicial stamp paper with regard to the issue of recovery, which is to be made from the petitioner against the amount being paid on training to the petitioner and the salary paid in favour of the petitioner and the said report was directed to be submitted within a period of one week. An enquiry report came to be submitted on 20.01.2018 by the Deputy Superintendent of Police, Meerut that thereafter the S.S.P. Meerut on the basis of the report so tendered therein wrote a letter to the D.I.G. Meerut, making recommendation for resignation of the writ petitioner. Thereafter, the Inspector General of Police, Meerut Range, Meerut, second respondent, on the basis of the recommendation of the S.S.P. Meerut dated 20.01.2018 relying upon the report dated 20.01.2018 of the Deputy Superintendent of Police, Meerut accepted the resignation of the petitioner and directed for recovery of the amount incurred on training of the petitioner to the post of Sub-Inspector of Civil Police and the salary so accorded to him on the post of Sub-inspector. Thereafter, on 25.01.2018, the S.S.P. Meerut wrote a letter to the Assistant Superintendent of Police (Training) Police Station Directorate, U.P. Lucknow about the order dated 20.01.2018 regarding acceptance of the resignation of the writ petitioner. On 15.02.2018, the writ petitioner submitted an application before the Inspector General of Police, Meerut Range, Meerut, second respondent with a request therein to retain him in the services of the writ petitioner on the post of Sub-Inspector in Civil Police. Thereafter, the writ petitioner represented the case before the respondents, however, on 22.06.2022, the S.S.P. Meerut rejected the claim of the writ petitioner for withdrawing of the resignation and directed the recovery of amount of Rs.4,97,600/-.

4. Questioning the order dated 20.01.2018 passed by Inspector General of Police, Meerut Range, Meerut, second respondent and order dated 22.06.2022 passed by S.S.P. Meerut