Nitu Kumari Pandey v. The Union of India and 6 Ors

ORDER Date : 16-08-2024 (Vijay Bishnoi, CJ)

This writ appeal is filed by the appellant being aggrieved with the judgment dated Page No.# 3/4 02-04-2024 passed by the learned Single Judge in W.P.(C) No. 9532/2019. The appellant has approached the writ court being aggrieved with the action of the respondent Central Industrial Security Force (CISF) for rejecting the prayer of the appellant for allowing her to withdraw the resignation filed by her. The brief facts of the case are that the appellant was recruited as Constable in the CISF on 16-04-2009. Later on, vide order dated 14-09-2012, she was transferred to Dibrugarh. However, while working at Dibrugarh she resigned from the services vide communication dated 28-05-2013 and her resignation was accepted on the very next day, i.e. 29-05-2013. Thereafter, the appellant has filed application before the CISF authorities on 01-11-2013 seeking withdrawal of her resignation. However, said application was rejected by the CISF authorities on 29-11-2013. The appellant kept quite up to the year 2018 and thereafter, she had approached the Jharkhand High Court against the decision of the respondent authorities, where they have refused to allow her to withdraw her resignation. The Jharkhand High Court has dismissed the writ petition filed by the appellant on 14-02-2019 for want of territorial jurisdiction. The appellant had thereafter preferred writ petition before this Court challenging the action of the respondent CISF. The learned Single Judge has taken into consideration of the fact that the application for withdrawal of resignation was filed by the appellant after 90 days. It is also the observation of the learned Single Judge that in the application for withdrawal of resignation, no exceptional circumstances were mentioned by the appellant. The learned Single Judge has further observed that the appellant has approached the Jharkhand High Court at a belated stage without assigning sufficient reasons. The learned Single Judge Page No.# 4/4 has, therefore, refused to interfere in the matter. Having heard the learned counsel for the parties and after taking into consideration the above facts and circumstances of the case, we are of the view that the learned Single Judge has not committed any illegality by not interfering in the matter. Hence, there is no force in this writ appeal and the same is, therefore, dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/4 GAHC010089772024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/191/2024o NITUoKUMARIoPANDEYo S/O-oLT.oMADANoPANDEY,oR/O-oNEWoS.T.oPATELoFIELD,oP.O.oDHURWA,o DIST.-oRANCHI,oJHARKHAND. VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECY.,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,o NORTHoBLOCK,oCENTRALoSECRETARIAT,oNEWoDELHI 2:THEoSECY. oMINISTRYoOFoHOMEoAFFAIRS oGOVT.oOFoINDIA oNORTHoBLOCK oCENTRALoSECRETARIAT oNEWoDELHI-o110068 3:THEoDIRECTORoGENERAL oC.I.S.F. oBLOCKo13 oCGO oCOMPLEX oLODHIoROAD oNEWoDELHI-o110003. 4:THEoINSPECTORoGENERALoOFoCENTRALoINDUSTRIALoSECURITYoFORCE oNORTHoEASTERNoSECTOR oHEADoQUARTERS oKOLKATA oPREMISESoNO.o563 oEASToKOLKATAoTOWNSHIPoKASBAoKOLKATA oP.O.oE.K.T.oP.S.oANANDPUR Page No.# 2/4 KOLKATA WEST BENGAL. 5:THE DY. INSPECTOR GENERAL OF CENTRAL INDUSTRIAL SECURITY FORCE NORTH EASTERN ZONE HEAD QUARTER KOLKATA PREMISES NO. 563 EAST KOLKATA TOWNSHIP KASBA KOLKATA P.O.- E.K.T. P.S. ANANDPUR KOLKATA WEST BENGAL. 6:THE SR. COMMANDANT C.I.S.F. UNIT ASG MOHANBARI AIRPORT P.O. MOHANBARI P.S. LAHOAL DIST. - DIBRUGARH ASSAM. 7:THE COMMANDANT C.I.S.F. UNIT ASG MOHANBARI AIRPORT P.O. MOHANBARI P.S. LAHOAL DIST. - DIBRUGARH ASSAM Advocate for the Petitioner : MR. N K KALITA, MR D DEKA Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM