The Gauhati High Court dismissed an appeal arising from the rejection of an application for withdrawal of resignation by a CISF constable. The Single Judge held that the application was filed after 90 days without exceptional circumstances. This court agreed and dismissed the appeal, finding no illegality in the single judge's order.
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GAHC010089772024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/191/2024
NITU KUMARI PANDEY
S/O- LT. MADAN PANDEY, R/O- NEW S.T. PATEL FIELD, P.O. DHURWA, DIST.- RANCHI, JHARKHAND.
VERSUS
THE UNION OF INDIA AND 6 ORS REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI
2:THE SECY.
MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NORTH BLOCK CENTRAL SECRETARIAT NEW DELHI- 110068
3:THE DIRECTOR GENERAL C.I.S.F. BLOCK 13 CGO COMPLEX LODHI ROAD NEW DELHI- 110003.
4:THE INSPECTOR GENERAL OF CENTRAL INDUSTRIAL SECURITY FORCE NORTH EASTERN SECTOR HEAD QUARTERS KOLKATA PREMISES NO. 563 EAST KOLKATA TOWNSHIP KASBA KOLKATA P.O. E.K.T. P.S. ANANDPUR
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KOLKATA WEST BENGAL.
5:THE DY. INSPECTOR GENERAL OF CENTRAL INDUSTRIAL SECURITY FORCE NORTH EASTERN ZONE HEAD QUARTER KOLKATA PREMISES NO. 563 EAST KOLKATA TOWNSHIP KASBA KOLKATA P.O.- E.K.T. P.S. ANANDPUR KOLKATA WEST BENGAL. 6:THE SR. COMMANDANT C.I.S.F. UNIT ASG MOHANBARI AIRPORT P.O. MOHANBARI P.S. LAHOAL DIST. - DIBRUGARH ASSAM. 7:THE COMMANDANT C.I.S.F. UNIT ASG MOHANBARI AIRPORT P.O. MOHANBARI P.S. LAHOAL DIST. - DIBRUGARH ASSAM
Advocate for the Petitioner : MR. N K KALITA, MR D DEKA
Advocate for the Respondent : DY.S.G.I.,
BEFORE
HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 16-08-2024
(Vijay Bishnoi, CJ)
This writ appeal is filed by the appellant being aggrieved with the judgment dated
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02-04-2024 passed by the learned Single Judge in W.P.(C) No. 9532/2019. The appellant has approached the writ court being aggrieved with the action of the respondent Central Industrial Security Force (CISF) for rejecting the prayer of the appellant for allowing her to withdraw the resignation filed by her.
The brief facts of the case are that the appellant was recruited as Constable in the CISF on 16-04-2009. Later on, vide order dated 14-09-2012, she was transferred to Dibrugarh. However, while working at Dibrugarh she resigned from the services vide communication dated 28-05-2013 and her resignation was accepted on the very next day, i.e. 29-05-2013. Thereafter, the appellant has filed application before the CISF authorities on 01-11-2013 seeking withdrawal of her resignation. However, said application was rejected by the CISF authorities on 29-11-2013. The appellant kept quite up to the year 2018 and thereafter, she had approached the Jharkhand High Court against the decision of the respondent authorities, where they have refused to allow her to withdraw her resignation. The Jharkhand High Court has dismissed the writ petition filed by the appellant on 14-02-2019 for want of territorial jurisdiction. The appellant had thereafter preferred writ petition before this Court challenging the action of the respondent CISF.
The learned Single Judge has taken into consideration of the fact that the application for withdrawal of resignation was filed by the appellant after 90 days. It is also the observation of the learned Single Judge that in the application for withdrawal of resignation, no exceptional circumstances were mentioned by the appellant. The learned Single Judge has further observed that the appellant has approached the Jharkhand High Court at a belated stage without assigning sufficient reasons. The learned Single Judge
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has, therefore, refused to interfere in the matter.
Having heard the learned counsel for the parties and after taking into consideration the above facts and circumstances of the case, we are of the view that the learned Single Judge has not committed any illegality by not interfering in the matter.
Hence, there is no force in this writ appeal and the same is, therefore, dismissed.
JUDGE CHIEF JUSTICE
Comparing Assistant
2 issues framed by the court
Whether the learned Single Judge committed any illegality in refusing to interfere in the rejection of the appellant's application for withdrawal of resignation filed after 90 days.
Whether the appeal against the dismissal of the writ petition by the Single Judge has any force to be allowed.
Nitu Kumari Pandey
The Union of India
Suman Shyam Bijur Bhuyan
As recorded by the court registry
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