The Case of Resignation Withdrawal: Supreme Court’s Verdict

Explore the implications of the recent Supreme Court verdict on resignation withdrawal, particularly in the context of the All Women’s Police Station, Thoothukudi case. The judgment sheds light on the nuances of resignation acceptance and the employee’s right to retract before the notice period expires. Learn more about this significant legal decision.

Facts

  • Petitioner submitted resignation on 1 June 2017 while working at All Women’s Police Station, Thoothukudi
  • Resignation was accepted on 12 June 2017
  • Petitioner attempted to withdraw resignation on 13 July 2017
  • Director General of Police rejected the representation on 2 June 2018
  • Writ appeal filed by the Petitioner was allowed, overturning the rejection
  • High Court relied on Section 50 of the Act of 2016, while the Petitioner was governed by Rule 35A of the Special Rules of Tamil Nadu Police Subordinate Services
  • Learned counsel for the appellants argued that once the resignation is accepted, it cannot be withdrawn
  • Contention raised regarding omission in Section 50(2) with reference to Rule 35A
  • The Division Bench granted reinstatement with continuity of service to the Grade II Police Constable who had tendered his resignation.
  • The Division Bench criticized the appellants for accepting the resignation without waiting for the mandatory ninety days’ notice period to expire.
  • The Division Bench based its decision on Section 50 of the Tamil Nadu Government Servants (Conditions of Service) Act 2016, which requires a ninety days’ notice period.

Also Read: Legal Analysis: Sheikh Noorul Hassan vs. Nahakpam Indrajit Singh – Permissibility of Subsequent Pleading in Election Petition Proceedings

Arguments

  • The petitioner argued that the resignation acceptance on 12 June 2017 was not valid as it was subject to Vigilance and other clearances.
  • Learned counsel supported the Division Bench’s reasoning.
  • The requirement of ninety days’ notice was highlighted.
  • It was mentioned that the employee had the right to withdraw the resignation before the notice period expired.
  • Acceptance of resignation during the notice period would not affect the employee’s entitlement to withdraw the resignation.

Also Read: CRPF Act: Validity of Rule 27 for Compulsory Retirement – Case of Head Constable vs. CRPF

Analysis

  • Resignation can be withdrawn before its acceptance under clause (b) of Rule 35A
  • Resignation is deemed accepted on the expiry of the notice period if no order is passed
  • Date of acceptance of resignation cannot be later than the date of expiry of the notice
  • Even if a resignation is withdrawn, it is of no consequence once acceptance has taken place
  • Acceptance of resignation was completed on 12 June 2017 in this case
  • Appointing authority must issue orders on the resignation before the notice expiry date as per clause (c)
  • The order clearly indicated the acceptance of the resignation
  • Rule 35A states that resignation can be withdrawn before acceptance, but not after
  • Appointing authority may specify an earlier date for the resignation to take effect, as per clause (c)
  • Once resignation is accepted, the employee cannot withdraw it
  • Attempt to withdraw resignation made a month after the acceptance was invalid
  • Withdrawal of resignation not allowed after acceptance by appointing authority
  • Rule 35A requires three months’ notice in writing before resigning
  • The High Court’s conclusion that an employee could withdraw their resignation within the 90-day notice period after acceptance is not justified.
  • This conclusion goes against the provisions of Rule 35A.
  • The acceptance of resignation should be considered final once it has been accepted.

Also Read: DAMEPL vs. DMRC: Curative Petition and Arbitral Award Restoration

Decision

  • Respondent is allowed to apply for appointment afresh when selection takes place
  • Any such application may be considered in accordance with the law
  • No costs are ordered
  • The appeal is allowed, setting aside the High Court’s judgment and order

Case Title: THE DIRECTOR GENERAL OF POLICE Vs. M JEYANTHI

Case Number: C.A. No.-009423-009423 / 2019

Click here to read/download original judgement

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