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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIKAS BUDHWAR
Ajeet Singh – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. factual basis of the petitioner's resignation request. (Para 3 , 4 , 10) |
| 2. legal requirements for valid resignation in police service. (Para 7 , 8) |
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 t
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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A resignation is invalid if not given with the stipulated notice under applicable rules, especially when submitted under acute mental distress.
The court held that resignations cannot be accepted while disciplinary proceedings are pending, affirming the principle that withdrawal of resignation restores continuity of service.
Resignation cannot be accepted during a pending departmental enquiry, and unauthorized absence from duty can lead to removal from service.
A resignation must be unconditional and comply with procedural requirements; failure to do so renders it invalid.
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....
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