Resignation can be accepted on Same Day on which it was submitted: J&K High Court

The Jammu & Kashmir High Court has upheld the dismissal of a police constable saying that there was no bar in accepting the resignation on the same day on which it was tendered, rather than treat it as ‘intention to resign’ and wait for a two-month notice period to expire before accepting it.

The petitioner was selected as Constable in the J&K Police vide PHQ Order No. 1935 of 2016 dated 25th June 2016 and vide subsequent order bearing No. 598 of 2016 dated 15th November 2016, the petitioner was allotted No. 859/XII. He was put on basic recruitment training course, Session 2016-2017 held at STC Talwara. It has come on record that the petitioner absented twice during his training for which he was also awarded censure as punishment. Be that as it may, the petitioner completed his BRTC, but immediately thereafter, instead of joining his active duties, he applied for 40 days earned leave. The competent authority, however, sanctioned only 20 days earned leave in his favour. The petitioner had barely performed his active duties for two months that he applied for voluntary resignation on 11th July 2018. The resignation letter was supported by an affidavit in which the petitioner has cited some domestic problems. The resignation was accepted by the Commandant on same day i.e., 11th July 2018 vide Order No. 601 of 2018.

The court said that it seems that the petitioner was never interested to serve as Constable in the J&K Police and, therefore, within two months of his being on active duty, he submitted his resignation on 11th July 2018. Viewed from any angle, we find no merit in this petition, same is accordingly dismissed.

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