NDLI: The Govt. of Nct of Delhi & Ors. Vs. Kamlesh Rani Bhatla

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Central Civil Service (Pension) Rules Forfeiture of service on resignation 1972 r. 26(4)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Right to Information Act, 2005 (22 of 2005)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Central Civil Service (Pension) Rules, 1972: r. 26(4) – Forfeiture of service on resignation – Withdrawal of resignation – On facts, the respondent tendered her resignation to contest election, and the resignation was accepted – She lost the election and thereafter, applied for withdrawal of resignation – Application was kept pending – She then filed writ petition wherein the High Court directed the authorities to deliberate upon and thereafter dispose of her request qua withdrawal of her resignation taking note of the judgment of the High Court in Nirmal Verma’s case – Respondent’s representation was rejected by the appellant on the ground that she was charge-sheeted for her involvement in political activities while working – Application there against by the respondent – Allowed by the tribunal with a direction to the authorities to process the case of the respondent for withdrawal of her resignation and allow her to join duty as Assistant Teacher – Writ petition by the appellant – Rejection of, by the High Court holding that no enquiry was conducted against respondent and even vigilance clearance was granted to her before accepting her resignation – On appeal, held: There is no absolute bar on the employer in permitting withdrawal of resignation even after the same is accepted – Rule 26 does not contain any such provision – Resignation can become effective either by stipulation of law or by acceptance thereof – In the instant case, the first order of the High Court was a direction upon the employer to take a decision in terms of Nirmal Verma’s case which implies that her withdrawal plea was required to be examined within a given parameter and since the employer never challenged the direction laying down the scope within which they were to consider the withdrawal plea of the respondent, the right of the respondent to be considered within that parameter had crystallised – Authorities could not and did not, go beyond that parameter – Authorities, in the order of rejection, did not take the stand that once accepted, a resignation cannot be withdrawn – Appellants also did not reason their rejection order with the ground that there was no compelling reason for the respondent to tender her resignation – Both the fora opined that the respondent’s case could not be distinguished from the ratio of the case of Nirmal Verma’s case merely on the strength of issue of memorandum of charges against her – Resignation can become effective only on acceptance thereof and sub-rule (4) of r. 26 lays down situations in which there can be withdrawal even after resignation becomes effective – Respondent’s plea for withdrawal of resignation was rejected on grounds spelt out therein – Tribunal and the High Court found the reasoning of the appellant unsustainable – Judgment of the High Court sustaining the tribunal’s decision do not warrant any interference.
Judge	Hon'ble Mr. Justice Aniruddha Bose
Neutral Citation	2023 INSC 282
Petitioner	The Govt. Of Nct Of Delhi & Ors.
Respondent	Kamlesh Rani Bhatla
SCR	[2023] 3 S.C.R. 676
Judgement Date	2023-03-23
Case Number	1927

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

The Govt. of Nct of Delhi & Ors. Vs. Kamlesh Rani Bhatla

Please Log-in to view this content

Union of India and Ors. Vs. Braj Nandan Singh

Accountant General of Orissa and Anr. Vs. R. Ramamurthy and Anr.

State of Punjab and Ors. Vs. Gurbaran Singh

T.s. Thiruvengadam Vs. The Secretary to Govt. of India, Ministry of Finance, Department of Expenditure, New Delhi and Ors.

Union of India & Ors. Vs. Gandiba Behera

Union of India Vs. S. Dharmalingam

Sh. Baij Nath Gupta Vs. State of Bihar and Ors.

National Technical Research Organization & Ors Vs. Dipti Deodhare

Mahinder Dutt Sharma Vs. U.o.i. & Ors.

The Govt. of Nct of Delhi & Ors. Vs. Kamlesh Rani Bhatla

The Govt. of Nct of Delhi & Ors. Vs. Kamlesh Rani Bhatla

Please Log-in to view this content

Similar Documents

Union of India and Ors. Vs. Braj Nandan Singh

Accountant General of Orissa and Anr. Vs. R. Ramamurthy and Anr.

State of Punjab and Ors. Vs. Gurbaran Singh

T.s. Thiruvengadam Vs. The Secretary to Govt. of India, Ministry of Finance, Department of Expenditure, New Delhi and Ors.

Union of India & Ors. Vs. Gandiba Behera

Union of India Vs. S. Dharmalingam

Sh. Baij Nath Gupta Vs. State of Bihar and Ors.

National Technical Research Organization & Ors Vs. Dipti Deodhare

Mahinder Dutt Sharma Vs. U.o.i. & Ors.

The Govt. of Nct of Delhi & Ors. Vs. Kamlesh Rani Bhatla