ORDER :

1. Petitioner's contention is that petitioner was working as a 'Constable' in the Police Department. Due to torture meted out to him, he had submitted his resignation in February, 1994. That resignation was accepted by the Superintendent of Police, District Rewa on 13/06/1994. Thereafter, he had moved an application to reinstate him in service which was disallowed by the Director General of Police, Police Headquarters. Thereafter, petitioner made several communications which were not entertained.

2. Petitioner has sought issuance of writ against the respondents seeking quashing of the orders Annexures P-1 to P-4 with a further direction to the respondents to reinstate the petitioner in service with all consequential benefits and interest @ 14 % per annum.

3. State has filed its return and has categorically taken a stand that since petitioner submitted his resignation as contained in Annexure R-1 and the same was accepted, there is no provision for reinstatement after acceptance of the resignation and thus, petitioner is not entitled to the relief claimed by him.

4. It is pointed out by Shri Arnav Tiwari, learned Panel Lawyer that infact after submission of his resignation, it cannot be said that petitioner had submitted his resignation to the Superintendent of Police on 9/05/1994 asking him to accept his resignation forthwith. Since, resignation has been accepted, there is no provision for reinstatement subsequent to acceptance of the resignation and, therefore, the petition is liable to be dismissed.

5. It is also submitted that there is inordinate delay in filing the petition, in as much as, the resignation was accepted in June, 1994 whereas the petition was filed in the year 2013 i.e. after a delay of about 19 years.

6. A careful perusal of the petition reveals that Annexure P-1 is the final order passed by the Superintendent of Police, Rewa inflicting penalty of stoppage of one increment for a period of one year with further stipulation that punishment will not have any impact on future increment/pension i.e. order Annexure P-1 is the order inflicting minor penalty and stoppage of one increment without cumulative effect. Date of this order is 23/01/1992. Annexure P-2 is the order passed by the Superintendent of Police, Rewa on 12/07/1993 where on the charge of dereliction of duty to not to appear for duty on 2/01/1993 and for being found in intoxicated condition in police uniform taking a lenient view, punishment of stoppage of one increment without cumulative effect was inflicted on the petitioner.

7. Annexure P-3 is the order dated 10/01/1994 whereby in terms of the orders of the appellate authority, earlier punishment imposed on 23/01/1992 was set aside.

8. Annexure P-4 is the intimation given by the petitioner in regard to the incident which had taken place with him in Howrah Mumbai up train where he had lost his driving license etc.

9. This intimation has nothing to do with any disciplinary action taken against the petitioner.

10. It has come on record that on 14/02/1994, petitioner had moved an application for voluntary retirement and which when was not accepted, then he had made a representation on 19/05/1994 but despite counselling, he refused to take back his request for voluntary retirement, as a result, his resignation was accepted on 13/06/1994 and, thereafter, he moved an application for his reinstatement after sixteen years on 9/07/2010 which was turned down vide Annexure P-6.

11. Thereafter, petitioner had moved an application for review to review the order dated 22/07/2010 Annexure P-6 which was turned down vide order dated 14/01/2011 Annexure P-7.

12. Now, the issue which emerges for decision is that when once an application for reinstatement/voluntary retirement is made and is accepted, then whether it is open to the Government to permit the employee to withdraw such application.

13. The law in this regard is laid down in the case of P. Lal Vs. Union of India (2003) 3 SCC 393 wherein it is held that moment the