An employee has the right to resign even after disciplinary proceedings if no further action is pending.

..Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned Memorandum vide File No.C-14013/15/2025 dated 16.03.2026 issued by the 5^th respondent and quash and set aside the same and consequently direct the respondents to accept the resignation letter 23-02-2026 submitted by the petitioner and relieve him from service forthwith and pass orders.

For Petitioner: Mr.Mohan, Senior Counse for Mr.P.Dinesh Kumar For Respondent(s): Mr.R.Sreedhar Additional Government Pleader (Pondy)

for R1 to R4

ORDER

The petitioner seeks a mandamus to the respondents to accept his resignation letter dated 23.02.206 submitted by the petitioner and relieve him from service forthwith.

2. The short facts are as follows :

a) The petitioner had been inducted into the service as Site Maistry in the Villanur Commune Panchayat on 27.07.1999 on a daily rated basis. Thereafter, he was absorbed as a Data Entry Operator in the year 2009 and his services were regularised effective 11.03.2025.

b) After having put in 26 years of unblemished service, all of a sudden, a dispute relating to disproportionate assets cropped up and subsequently CBI FIR was registered on 08.10.2024 against the petitioner and his family. The petitioner would submit that the allegations of disproportionate assets lacks credibility inasmuch as the petitioner's wife operates a construction company in the name and style of M/s.Mohit Construction and her business has already been intimated to the Competent Authority as early as on 21.10.2016. The firm also possessed a valid Trade Licence and the income is generated from the business.

c) Pursuant to this complaint, he was placed under suspension and disciplinary proceedings followed, and ultimately, he was visited with punishment of reduction of lower stage in the time scale for a period of three years and was charged with reference to his not intimating to the authorities about his wife's business that was held in his favour. After the passing of the final order, the petitioner's suspension was revoked and he was reinstated and posted at Bahour Commune Panchayat on 20.02.2026.

d) After his reinstatement on 20.02.2026, he petitioner tendered his resignation citing extreme mental distress caused by the criminal case and the death of his mother on 15.01.2026.

e) The petitioner had filed an appeal challenging the punishment which he faced, however, the appeal was withdrawn yesterday i.e. on 17.03.2023. The petitioner would submit that he has no other Departmental proceedings or criminal proceedings pending against him. The petitioner would submit that his request for permitting him to resign has been rejected by the impugned order of the 5th respondent dated 16.03.2026 bearing File No.C-14013/15/2025. The petitioner originally filed a writ for mandamus directing the acceptance of his resignation letter, has later amended the relief to one of certiorarified mandamus to quash the order and accept the resignation. The 5th respondent had rejected the request on the ground that the Chief Vigilance Officer had declined vigilance clearance as an existing pending case registered by CBI, ACB, Chennai.

3. Mr.R.Sreedhar, learned Additional Government Pleader (Pondicherry)

appearing for respondents 1 to 4 would initially seek to file counter however since the issue involved was purely legal and based on the documents, this Court had directed him to make his submissions thereon.

4. Heard the counsel on either side. The issue involved, is on a narrow campus regarding the legality of the impugned order rejecting the petitioner’s resignation letter. This Cour