IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.57860 OF 2017 (S-RES) BETWEEN:
SRI.SHANTHA KUMAR S.J. S/O.JAYAPPA S.G.
AGED ABOUT 36 YEARS R/A SHANUBHOGANAHALLI TARIKERE TALUK CHIKKAMAGALUR-577 547 … PETITIONER (BY SRI.BASAVARAJA PATEL G.K., ADV.) AND:
1. THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE CGO COMPLEX LODHI ROAD NEW DELHI-110 003 2. THE COMMANDANT 217 BN CRPF KONTA, DISTRICT SUKMA CHATTISGARH-494 114 ... RESPONDENTS (BY SRI.S.RAJASHEKAR, ADV. FOR R-1 & R-2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO THE LETTER NO D.V.-01/2017-217- EC-1 DATED:25.01.2017 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-F AND LETTER NO.R.NO.87/2017 VIGILANCE (LAW) DIRECTORATE CRPF DTD:22.05.2017 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-J, PERUSE AND QUASH THE SAID ORDER AND REJECTION OF THE REQUEST FOR WITHDRAWAL OF VOLUNTARY RETIREMENT AS BEING VIOLATIVE OF ARTICLE 14, 16(1) AND ARTICLE 21 OF CONSTITUTION OF INDIA AND ETC.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioner has assailed Annexures-F and J dated 25.1.2017 and 22.5.2017. While he was in service submitted resignation on 18.1.2017. Further, there is interaction between the petitioner and his superiors. During which, petitioner has filed an undertaking on 22.1.2017 to stick-on to his resignation. Accordingly, it was accepted on 25.1.2017. In this background, petitioner submitted representation on 21.4.2017 for reconsideration of acceptance of his resignation. After due examination by petitioner’s claim, it has been rejected on 22.5.2017. Hence, the present petition.
2. Learned counsel for the petitioner submitted that he had a time of 90 days to withdraw the resignation whereas, respondents have proceeded to accept the resignation before completion of 90 days. It was further contended that for Voluntary Retirement, there is a provision for withdrawal of Voluntary retirement. Therefore, action of the respondent is incorrect and it requires reconsideration.
3. On the other hand, learned counsel for the respondent submitted that receipt of resignation dated 18.1.2017 has been accepted after due deliberation with the petitioner by his superior, to that extent, petitioner has submitted undertaking for reconsideration of withdrawal of resignation after three months period from the date of acceptance of resignation. There are no statutory provision to re-consider resignation issue once it is accepted. Therefore, petitioner has not made out a case.
4. Heard the learned counsel for the parties.
5. Crux of the matter is ‘Whether petitioner is entitled to seek for withdrawal of resignation after its acceptance or not?
6. Perusal of Annexure-R6 relating to Rule 26 of Central Civil Service (Pension) Rules, 1965. It is crystal clear that there is no provision once resignation is accepted by the competent authority. In such circumstances, no question of reconsideration would arise. On examining the accepted resignation and in view of other circumstances, petitioner has not made out a case so as to interfere with Annexures-F and J dated 25.1.2017 and 22.5.2017 respectively.
Writ petition stands dismissed.
Sd/- JUDGE BS