Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | SERVICE LAW: Resignation - Effective date |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | SERVICE LAW:Resignation - Effective date - Temporary employee under probation, absenting himself from duty and sending resignation letter - Resignation accepted - Thereafter, letter by employee that his resignation letter be treated as cancelled - Prayer not acceded to - High Court holding that resignation could not have come into effect as the employee was not relieved of his duties - Held: Clause (4) of r. 5(1) of Central Civil Services (TS) Rules, makes a distinction between the right of a temporary Government servant to sever his connection from Government service by giving a notice of termination and that of a temporary Government servant who chooses not to give such notice but opts to submit a letter of resignation - In the case of notice of termination, employee can relinquish the charge of the post on expiry of the period of notice, but, such right will not be available to a temporary employee in case he tenders a simple resignation, and Government has the power to accept the resignation so as to bring about a severance of relationship of master and servant with immediate effect - In the instant case, the letter of acceptance clearly shows that termination of respondent's service as per his offer of resignation was not deferred to any future date and, therefore, there was no requirement to relieve him of his duties - In such a case, O. M. dated 11. 2. 1988 relating to acceptance of resignation will not be applicable - Even as per said O.M., resignation is required to be intimated in writing disclosing the intention to resign the office/post either immediately or from a future date specified - The resignation has to be clear and unconditional - The view of High Court cannot be sustained and, as such, impugned judgment is set aside - In view of the facts of the case writ jurisdiction was not required to be exercised - Writ petition of respondent shall stand dismissed. WORDS AND PHRASES: Expression 'relieve' - Connotation of. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2014 INSC 495 |
Petitioner | Union Of India & Ors. |
Respondent | Hitender Kumar Soni |
SCR | [2014] 6 S.C.R. 563 |
Judgement Date | 2014-07-21 |
Case Number | 10645 |
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