A government servant's resignation to contest elections cannot be withdrawn unless compelling reasons exist; engagement in political activities post-resignation is deemed improper.

ORDER

Per: RANJANA SHAHI, JUDICIAL MEMBER

The present Original Application has been filed by the applicant praying for the following reliefs: -

“It is, therefore, prayed that the present original application made by the applicant may kindly be allowed. The impugned order dt. 29.01.2024 (Annex-A/1) and 22.02.2024 (Annex-A/2) may kindly be quashed and set aside. The respondents may be directed to reinstate the applicant in service with all consequential benefits. The order imposing damage rent may further be quashed and set-aside. Any other relief or direction which this learned Tribunal deems fit in the facts and circumstances of the case may also be passed in favour of applicant. Cost of original application may kindly be awarded in favour of humble applicant.”

2. The brief facts of the case, as stated by the applicant, are that while he was working on the post of Senior Auditor, he decided to contest the election of Legislative Assembly held in the month of November, 2023. As such, he tendered his resignation on 10.10.2023 with the object to participate in the election of Legislative Assembly. On 01.11.2023, his resignation was accepted. He contested the election for Legislative Assembly held in the month of November, 2023 on the ticket of Bahujan Samaj Party (BSP). Upon losing the aforesaid election, the applicant moved an application with the respondents for his reinstatement in service or in the alternate to release his pension benefits. The respondents rejected his claim for reinstatement in service vide order dated 29.01.2024 (Annexure A/1) citing Rule 26 (5) of CCS (Pension) Rules, 2021 as well as Rule 3 (1) (vii) and Rule 5 of CCS (Conduct) Rules, 1964; against which, the applicant filed representation dated 19.02.2024. The respondents rejected the same vide order dated 22.02.2024 (Annexure A/2) mainly on two grounds; (i) that as per mandate of Rule 26 (5) of CCS (Pension) Rules, 2021, the appointing authority may permit a person to withdraw his resignation in the public interest, if the resignation was tendered by the Government servant for some “compelling reasons” and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation and (ii) that during the period intervening between the date on which the resignation became effective and the date of request for withdrawal of the same, the conduct of the person concerned was in no way improper for which they have cited Rule 3 (1) (vii) and Rule 5 of CCS (Conduct) Rules, 1964. So the applicant filed the present O.A. mainly seeking reinstatement in service.

3. The respondents in their reply have reiterated the reasons they have cited to reject his application as well as representation seeking withdrawal of his resignation and they have further added in their reply that the applicant had tendered his resignation to contest the Rajasthan Legislative Assembly Election, 2023 which he contested, as such, there were no new facts or material changes in the circumstances because of which he had resigned in the first place. Besides, they have stated that as per Rule 26 of CCS (Pension) Rules, 2021, the resignation can be allowed to be withdrawn in public interest only.

4. Heard both sides and per