The High Court of Bombay at Aurangabad dismissed a writ petition seeking reinstatement of service. The court held that the Office Memorandum grants discretionary power, not an indefeasible right, to withdraw resignation, and reinstatement was rejected as no public interest was served given the petitioner's disciplinary history.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.1964 OF 2020
Sandip s/o Prakash Thorat, Age-34 years, Occu-Nil, R/o Khandala, Tq.Vaijapur, Dist.Aurangabad
– PETITIONER
VERSUS
Mr.N.R.Thorat, Advocate for the petitioner. Mr.S.N.Patale, Standing Counsel for respondent Nos. 1 to 6.
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( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ)
DATE : SEPTEMBER 14, 2021
ORAL JUDGMENT : (Per Ravindra V. Ghuge, J.)
15-B] Kindly issue writ of certiorari or any other writ or direction in the like nature, kindly quash and set aside order dated 13-01-2020 passed by the Commandant 52nd Bn SSB, Araria in proceeding No.1/Estt-III/ 52nd Bn./CRC/PF/S.P.T./2017-18/808-10 and consequently reinstate in service to the petitioner as a CT (GD).
15-C] Kindly be declared and hold that, the petitioner is entitled for the reinstatement in service as per the guidelines DoP & TOM No.28035/2/2014-Estt (A) dated 10.06.2019.”
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SSB, Araria. The petitioner has 3 sisters and is the only son to his parents. His parents are old and suffering from age related issues. He tendered his resignation in his own handwriting on 16/07/2019, which was accepted on 25/07/2019. He was relieved on the same date. He submitted an application on 06/09/2019 withdrawing his resignation as per the guidelines dated 10/06/2019 and prayed for reinstatement in service. By communication dated 13/01/2020, the Commandant, Sashastra Seema Bal, 52nd Battalion, Araria, refused to allow the application dated 09/10/2019 (which was received by his office) and declined to accept his request for reinstatement.
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10/06/2019 issued by the Govt. of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training. According to him, his case is covered by Clause 2 of the said memorandum, which would facilitate his reinstatement in service within 90 days.
6. Clause 2 of the office memorandum reads as under :-
“2. The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely ; [a] 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.
[b] 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;
[c] that the period of absence from duty between the date on which the
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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;
[d] that the post, which was vacated by the Government Servant on the acceptance of his resignation or any other comparable post, is available.”
14/07/2015 when the petitioner was performing Sentry Duty at RP Gate of SHQ SSB Tezpur when he fired one round from his personal weapon 5.56 mm INSAS Rifle Butt No.26, Body No.18002353. The
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bullet hit him in his right thigh. Disciplinary proceedings were initiated against him and he was punished with 14 days pay fine from the pay of January 2017 u/s 56(1)(g) of S.S.B.Act 2007 vide order dated 03/01/2017. So also, during the trial in the said case, he had left the campus of SHQ SSB Tezpur on17/03/2018, unauthorizedly. After conducting disciplinary proceedings and taking into account his statement that as leave was not granted to him to attend to his ailing mother, he had absconded, was awarded 28 days RI in Force custody u/s 56(1)(a) of S.S.B. Act, 2007 by order dated 03/12/2016. In yet 2 other instances when he made false allegations against the DC of 65th Battalion, SSB Camp at Bagaha and as the charges were proved, he was awarded the punishment of 21 days confinement to line u/s 56(c) of SSB Act, 2007 vide order dated 13/03/2019.
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placed before us. Time and again, the petitioner had submitted resignation letters which were not considered by the respondents. In one such resignation letter dated 26/03/2016, he has also mentioned that he had thought of committing suicide, but refrained from doing so, since he has a wife and children. He, therefore, prayed for acceptance of his resignation.
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enforceable right. There are catena of judgments which dis-entitle an employee to withdraw his resignation after it’s acceptance. The petitioner has relied upon clause 2 of the office memorandum. In our view, the said clause does not create a right in an employee to withdraw his resignation within 90 days of its acceptance and seek reinstatement.
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days pay fine for having fired a bullet which injured his right thigh. He has undergone several other punishments, including for an offence of making false allegations against a Senior Officer and violation of good order and discipline. In these circumstances, we do not find that any public interest would be sub-served if the petitioner is reinstated in service and that there would be a loss to the public at large if he is denied reinstatement.
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2 issues framed by the court
Whether a government servant has an indefeasible right to withdraw resignation within 90 days of acceptance under the Office Memorandum dated 10.06.2019.
Whether reinstatement of a petitioner with a history of serious disciplinary offenses serves the public interest.
2 provisions across 2 enactments
Sandip s/o Prakash Thorat
The Union of India
The Commandant (Pers-II), Force Hqrs SSB, New Delhi
The Inspector General Sashastra Seema Bal
The Commandant, 52nd Bn SSB, Araria
The Staff Officer, (Administration), Frontier Hqrs SSB, Patna
Ravindra V. Ghuge
S. G. Mehare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
