Officers of paramilitary forces cannot be permitted a sabbatical in this fashion – Delhi HC on Serviceman seeking Withdrawal of Resignation

Pranjal Sharma | 3rd July 2020 | Symbiosis Law School, Hyderabad

NEERAJ KUMAR UTTAM Vs UNION OF INDIA & ORS.

FACTS

1. The petition arises out of petitioner’s request to withdraw his resignation from the post of assistant commandant in the Central Reserve Police Force (CRPF)
2. The petitioner had applied for resignation on 27^th November 2017 and the resignation letter was accepted on 12^th of March.
3. The petitioner had applied for withdrawal of resignation on 8^th of May 2018.
4. The petitioner had not received any reply for his communication regarding the withdrawal of resignation that was sent on the 8^th of May 2018 or the reminder that was sent on 28^th of February 2020.  
5. The petitioner contended that under Rule 26(4)(iii) of the CCS (Pension) Rules, 1972, the petitioner having applied for withdrawal of resignation within 90 days from the date on which the resignation became effective, is entitled to consideration of his request for withdrawal.
6. The petitioner also contended that the CRPF has recommended the withdrawal of his resignation as during the time of his employment as Assistant Commandant from 19th December 2011 he has displayed exemplary service.

ISSUES

1. Whether is there a place for fickle minded officers in the paramilitary forces?
2. Whether Rule 26(4)(iii) of the CCS (Pension) Rules, 1972 can be considered?

RULE OF LAW

Rule 26(4) of the CCS (Pension) Rules, 1972

The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely: –

(i)  that the resignation was tendered by the Government servant for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation ;

(ii) that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper.

(iii)            that the period of absence from duty between the date on which the resignation became effective and the date on which the person is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days ;

(iv) that the post, which was vacated by the Government servant on the acceptance of his resignation or any other comparable post, is available.

JUDGMENT

The court inquired if the decision of petitioner was impulsive in nature as the resignation letter was dated on the 27^th of November 2017 and was sought to be relieved before the 1^st of March.

The court also further questioned whether there is a place for fickle-minded officers in the paramilitary forces? The petitioner was also questioned as to how after remaining out of service for more than two years can he be granted the relief of re-joining.

The petitioner was also questioned as to why he waited for two years to send the second communication and why he did not approach the court immediately after 8^th May 2018.

The court also held that “It prima facie appears that the officers of paramilitary forces cannot be permitted a sabbatical in this fashion.”

The court also put forward that the aforesaid Rule to the personnel of the CRPF is under consideration before this Court in W.P.(C) No.3369/2020 listed next on 17th August 2020.