Rot Prakash Kumar v. Union of India & Ors

J U D G M E N T (oral)

¶1Present petition has been filed seeking directions to the respondents to allow the petitioner to withdraw his resignation and allow him to join the duties.

¶2The case of the petitioner is that in the year 2020, while he was on leave, he was diagnosed with some serious psychological ailments because of which he could not join his duty; rather he sent a resignation letter on

10.12.2020 under the influence of psychological problem. On 23.12.2020, the Deputy Commandant/Adjudent 161 Battalion Ramgarh informed the

petitioner that unless or until he attended the office at the headquarter of his Battalion, no action can be taken on his abovementioned application. In February, 2021, he was dismissed from service and subsequently on gaining normalcy, his request to withdraw the same was rejected by the Competent Authority as well as by the Appellate Authority, however, it is permissible under BSF Rules.

¶3Learned counsel appearing on behalf of the respondents submits that pursuant to order dated 09.12.2022 of this Court, the respondents produced two resignation letters dated 10.12.2020 and 10.02.2021 submitted by the petitioner.

¶4It is not in dispute that petitioner was on sanctioned leave from

11.11.2020 to 10.12.2020 and thereafter no extension of leave was sought by the petitioner. Respondents received resignation letter dated 10.12.2020 and in response thereto, respondents sent a communication dated 23.12.2020 that since he is on leave, his resignation cannot be accepted and his appearance is required. Thereafter, the petitioner submitted another resignation letter dated

10.02.2021 to discharge him from the BSF w.e.f. 10.02.2021. Accordingly, the respondents accepted his resignation and discharged the petitioner from the service w.e.f. 10.02.2021 itself.

¶5The petitioner sought withdrawal of his resignation vide letter dated

29.07.2021 which is 7 months later. The resignation once accepted, cannot be permitted to be withdrawn through a subsequent letter made after 7 months.

¶6In view of above, we find no ground to interfere with the order passed by the respondents.

¶7Petition is, accordingly, dismissed.

(SURESH KUMAR KAIT) JUDGE

(NEENA BANSAL KRISHNA) JUDGE MAY 23, 2023/ab

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23.05.2023 + W.P.(C) 16863/2022 ROT PRAKASH KUMAR ..... Petitioner Through: Mr.Yatish Mohan Verma, Advocate. versus UNION OF INDIA & ORS. ..... Respondents Through: Mr.Anshuman Singh, SPC with Mr.Rahul Kumar Sharma, Advs. Sh.Hemendra Singh, Deputy Commandant (Law) BSF. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA