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2025 Supreme(Online)(CAT) 8009
CENTRAL ADMINISTRATIVE TRIBUNAL
R.N. Singh, Member (J), Rajinder Kashyap, Member (A)
Tilak Raj – Appellant
Versus
Deputy Comptroller and Auditor General of India – Respondent
O.A. No. 2346 of 2025
For the Appellants/Petitioners: Mr. Ajesh Luthra
For the Respondents: Mr. Sundar Singh Hooda
The refusal to accept technical resignation was arbitrary and contrary to established guidelines, emphasizing administrative fairness and legitimate expectations in employment matters.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Technical resignation - Refusal to accept technical resignation of the applicant was held arbitrary and violative of established policies - Applicant had followed due procedure for selection and resignation - Basic principles of legitimate expectation and administrative fairness upheld. (Paras 7, 12, 13)
(B) Resignation - Conditions for acceptance - No valid grounds provided for refusal under existing guidelines were mentioned - Forwarding of application was not provisional, and all necessary clearances had been obtained by the applicant. (Paras 7.3, 11) Introduction: The applicant sought to quash the order refusing technical resignation to join a higher post at IRFC.
Findings of Court:
The tribunal found that the refusal was based on vague ‘administrative reasons’ and failed to provide sufficient justification, thereby granting relief to the applicant.
Issues: The court addressed whether the refusal to accept technical resignation was justified under the applicable policies.
Ratio Decidendi: The tribunal affirmed that administrative discretion must not be arbitrary; vague reasoning cannot deny an employee's opportunity for career advancement.
Result: Original Application is allowed - Orders dated 06.06.2025 and 12.06.2025 quashed.
| Table of Content |
|---|
| 1. overview of the applicant's employment history and circumstances leading to the application. (Para 2) |
| 2. applicant's argument against the refusal to accept resignation, emphasizing procedural compliance and lack of grounds for refusal. (Para 3) |
| 3. respondents' defense related to cadre clearance and procedural oversight. (Para 4) |
| 4. rejoinder by applicant responding to the respondents' defense. (Para 5) |
| 5. court’s analysis of the legitimacy of the refusal based on established policies and timeliness. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 6. conclusion and orders issued by the court regarding the acceptance of resignation. (Para 13 , 14 , 15 , 16) |
ORDER
Hon’ble Mr. Rajinder Kashyap, Member (A):
The instant OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act , 1985 seeking the following reliefs:-
“(a) Quash and set aside impugned order dated 06.06.2025 alongwith letter dated 12.06.2025 (Annexure A/1) (Colly) whereby acceptance of technical resignation of the applicant has been refused, wrongly and illegally.
(b) Direct the respondents to forthwith accept the technical resignation of the applicant and take all further steps in furtherance thereto.
(c) Accord all consequential benefits
(d) Award costs of the proceedings; and
(e) Pass any other order/direction which this Hon’ble Tribunal deems fit and proper in favour of the applicant and against the respondents in the facts and circumstances of the case.”
FACTS OF THE CASE AS STATED BY THE APPLICANT
2. The applicant was initially appointed and joined as Section Officer with the respondents by way of direct recruitment w.e.f. 14.05.1998. During the course of his service, he was promoted to the post of Audit Officer and Senior Audit Officer during the years 2012 and 2015, respectively. Presently, the applicant is working as Senior Audit Officer in the office of the Principal Director of Audit (Railway Commercial) New Delhi.
2.1 Pursuant to an advertisement dated 28.02.2025 (Annexure A-2), issued by Indian Railway Finance Corporation Ltd. (IRFC, for short), a Public Sector Enterprise of Government of India seeking to fill up 01 vacancy of Additional General Manager (Finance-Internal Audit) on immediate absorption basis, the applicant applied for the same through proper channel. His application was forwarded alongwith his APARs, experience certificate and Vigilance Certificate and after following the due process, the applicant was selected for the said post.
2.2 The applicant was provisionally shortlisted and called for document verification and interview scheduled for 22.04.2025 vide email and letter dated 11.04.2025 (Annexure A-4) (Colly). The applicant informed the respondents about the call vide letter dated 11.04.2025 (Annexure A-5) and participated in the document verification process and interview.
2.3 The IRFC declared the results of selection on 29.04.2025 and vide email (Annexure A-6) and letter informed the applicant of his selection and offered appointment, requiring him to send his acceptance within 07 days. It was stipulated therein that failure to communicate acceptance within 07 days or non- reporting for joining on or before 21 days from the date of acceptance shall lead to automatic cancellation of offer of appointment. On 01.05.2025, the applicant submitted his acceptance to the offer of appointment and informed the respondents on same day (Annexures A-7 and A-8).
2.4 Thereafter, the applicant submitted his technical resignation to the respondents vide letter dated 08.05.2025 (Annexure A/9) requesting them for an early acceptance and relieving to enable him to join his assignment, timely. As the applicant was required to join IRFC within 21 days of acceptance of offer and keeping in view that he was yet to be relieved by the respondents, IRFC, on applicant’s request for extension of joining time, extended the same upto 31.07.2025, however, with a stipulation that no further time will be granted (Annexure A-10). Keeping in view the
