Dismissed¶46

Sri Nagraj v. the Secretary

Service Law – Resignation – Withdrawal before acceptance

Karnataka HC17 Mar 2025WP/3244/2021

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Case brief

AI extract

What is this about?

Resignation withdrawal before acceptance; employee abandoned employment after resigning; resignation letter dated 16.07.2009 accepted 23.02.2011; withdrawal request 13.12.2010; Karnataka Administrative Tribunal Application No. 5235/2017; writ of certiorari and mandamus under Articles 226/227; Department of Irrigation / Water Resources Karnataka; Cauvery Niravari Nigama Ltd.; Assistant Engineer post; High Court of Karnataka Division Bench 2025 (NC: 2025:KHC:10848-DB); Krishna S Dixit and Ramachandra D. Huddar JJ.

What did the court decide?

Having heard learned counsel and perused the petition papers, the Court declined to interfere, broadly agreeing with the reasoning of the Tribunal. ¶38

Sri Nagraj Vs the Secretary — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the acceptance of the petitioner's resignation (submitted 16.07.2009, accepted 23.02.2011) was vitiated by his withdrawal request dated 13.12.2010, and whether the Tribunal's rejection of Application No. 5235/2017 called for interference under Articles 226/227. +1 more

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Court's answer

Having heard learned counsel and perused the petition papers, the Court declined to interfere, broadly agreeing with the reasoning of the Tribunal.

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Ratio / Principle

The ordinary rule permitting withdrawal of a resignation before acceptance does not aid the petitioner, because after submitting the resignation on 16.07.2009 he vanished away from the employment once for all, sought withdrawal only after more than a year, and the resignation stood accepted on 23.02.2011.

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Key takeaways

The petitioner's conduct showed that he knowingly and intentionally resigned and went away abandoning the employment; absence of an employee from the seat or post in public employment would create lot many difficulties.ratio¶45
The Court indicated it would have interfered had the petitioner continued in employment.obiter¶42

Detailed headnote1 paragraphs

Service Law - Resignation - Withdrawal before acceptance - Ordinary rule that an employee may withdraw a resignation request any time before acceptance (and even after acceptance subject to exceptions) is subject to the employee's conduct - Petitioner resigned on 16.07.2009, vanished away from the employment once for all, sought withdrawal only on 13.12.2010 (over a year later), and the resignation was accepted on 23.02.2011 - Conduct showed knowing and intentional resignation amounting to abandonment of public employment, whose absence from the post creates difficulties - Karnataka Administrative Tribunal's order dated 18.12.2020 rejecting Application No. 5235/2017 upheld - Writ petition under Articles 226 and 227 dismissed, costs made easy (Division Bench; per Krishna S Dixit J).

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NC: 2025:KHC:10848-DB WP No. 3244 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF MARCH, 2025

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PRESENT

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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AND

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THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

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WRIT PETITION NO. 3244 OF 2021 (S-KSAT)

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BETWEEN:

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SRI. NAGRAJ S/O R. RAMAIAH AGED ABOUT 51 YEARS NO.535, 18^TH G CROSS 1^ST BLOCK, R.T.NAGAR BANGALORE-560 032

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…PETITIONER

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(BY SRI. A. GOPIPRAKASH, ADVOCATE)

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AND:

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THE SECRETARY

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Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA

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GOVERNMENT OF KARNATAKA DEPARTMENT OF IRRIGATION M.S.BUILDING, BANGALORE-560 001.

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THE CHIEF ENGINEER OFFICE OF THE CHIEF ENGINEER COMMUNICATION AND STRUCTURE (SOUTH) BANGALORE-560 001.

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UNDER SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF WATER RESOURCES (SERVICE-B) KARNATAKA GOVERNMENT SECRETARIAT VIKASA SOUDHA, BANGALORE-560 001.

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NC: 2025:KHC:10848-DB WP No. 3244 of 2021

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THE CHIEF ENGINEER CAUVERY NIRAVARI NIGAMA LTD OFFICE OF THE CHIEF ENGINEER IRRIGATION (SOUTH) ZONE PUBLIC OFFICES BUILDING, NEW SAIYAJI ROAD, MYSORE-570 024.

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…RESPONDENTS

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(BY SRI. B.J. ESWARAPPA, AGA FOR R1 TO R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE IMPUGNED JUDGMENT PASSED BY THE HON'BLE KARNATAKA ADMINISTRATIVE TRIBUNAL DATED 18.12.2020 VIDE ANNEXURE-A AND ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF THE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO-3 TO CONSIDER THE REPRESENTATION DATED 13.12.2010 VIDE ANNEXURE-F FOR THE POST OF THE ASSISTANT ENGINEER.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)

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Petitioner is aggrieving before the Writ Court against the State Administrative Tribunal's order dated 18.12.2020 whereby his application No.5235/2017 has been negatived. He was complaining before the Tribunal that the respondents have grossly erred in accepting his resignation letter dated 16.07.2009 on 23.02.2011 when in the interregnum vide letter

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NC: 2025:KHC:10848-DB WP No. 3244 of 2021

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dated 13.12.2010 he had sought for withdrawal of the request for resignation.

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Learned counsel for the petitioner vehemently argues that law relating to resignation is well settled by now; ordinarily every employee will have a right to apply for resignation unless otherwise provided by the Service Rules; The Service Rules regulate applying for and acceptance of resignation; the Apex Court in a catena of decisions has observed that an employee can withdraw the resignation letter at any time before it is accepted, unless the rules otherwise provide for; the resignation letter having been withdrawn, there was nothing which the Government could accept on 23.02.2011 and therefore, the impugned order of the Tribunal as also Government's acceptance of the resignation are liable to be voided.

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Learned Additional Government Advocate appearing

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for the official respondents vehemently oppose the petition, making submission in justification of the Tribunal's order and the order of the Government accepting resignation. He submits that ordinarily an employee is entitled to withdraw the request for resignation at any time before it is accepted. However, if

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4 - NC: 2025:KHC:10848-DB WP No. 3244 of 2021

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the employee after submitting the resignation letter goes away from the employment once for all, such an ordinary norm would not be invocable, because of the conduct that animates the request for resignation.

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Having heard the learned counsel for the parties and having perused the petition papers, we declined indulgence in the matter broadly agreeing with the reasoning of the Tribunal.

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" Law relating to resignation can be summarized; An employee can apply for resignation at any time… he can withdraw the resignation request at any time before it is accepted unless the rules otherwise provide and subject to modalities."

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The Apex Court has held that even after acceptance,

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resignation may be permitted to be withdrawn subject to exceptions if a concrete case is made out.

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The above ordinary rule position would not come to the aid of petitioner inasmuch as after submitting the resignation letter on 16.07.2009 he vanished away from the employment, once for all. He made an application for withdrawal only on 13.12.2010 i.e. , after more than a year reckoned from the date of request. However, the resignation was accepted on 23.02.2011. This we would have faltered , had

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NC: 2025:KHC:10848-DB WP No. 3244 of 2021

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the petitioner continued in employment. However, his conduct shows that very knowledgably and intentionally he had resigned and therefore, he went away from the employment by abandoning it. Absence of an employee from the seat or post in public employment would create lot many difficulties, needs no research.

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In the above circumstances, petition is dismissed. Costs made easy.

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Sd/(KRISHNA S DIXIT) JUDGE

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Sd/(RAMACHANDRA D. HUDDAR) JUDGE

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List No.: 1 Sl No.: 19

Sri Nagraj v. the Secretary

Case brief

What is this about?

What did the court decide?

Sri Nagraj v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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