THE DIRECTOR GENERAL OF POLICE v. M JEYANTHI INSC 1283

The Director General Of Police vs M Jeyanthi Date: 13 December, 2019 Facts: The respondent worked as a Grade II Police Constable at the Reason: IXth Batallion, Manimuthar, Palayamkottai. She was appointed on 1st April, 2010. While working at the All Women’s Police Station, the respondent, Thoothukudi, presented her resignation on 1st June 2017 and the resignation was accepted on 12th June, 2017. On 13th July 2017, the respondent alleged that she addressed communication withdrawing the resignation. The respondent instituted a writ petition before the High Court which was disposed of on 1st March 2018, and directed the Director General of Police to consider the withdrawal as it was within a 90 day notice period under Section 50 of the Tamil Nadu Government Servants Act (Conditions of Service), 2016, and to pass appropriate orders in accordance with law.

Issues: Whether the respondent can withdraw her resignation after it has been accepted by the appointing authority as long as it is within the period of notice?

Decision: The appeal was allowed, the withdrawal by the respondent wasof no consequence in law and the High Court was not justified in coming to the conclusion that within the period of notice it was open to the employee to withdraw the resignation even after the acceptance as this construction is contrary to the provisions of Ruel 35A. This decision does not stop the respondent from applying for appointment afresh as and when any selection takes place, and any such application may be considered in accordance with law.

Majority Decision Reasoning: The appointing authority, while accepting the resignation, is empowered to indicate a date from which it will take effect which not be later than the date of expiry of the notice, as is evident from Rule 35A (c). The authority can legitimately accept the resignation from a date anterior to the expiry of the notice. Upon the acceptance of the resignation, the cessation of services takes place and the employee can no longer withdraw the resignation. The order which was passed on 12th June 2017 clearly indicated the acceptance of the resignation, so the resignation was complete on 12th June 2017, the withdrawal by the respondent on 13th July 2017, a month after the resignation acceptance however still within the notice period, has no consequence in law.

Impact of the case: Clarified the interpretation of Rule 35A for Tamil Nadu police personnel, emphasizing the finality of resignation once it has been accepted.