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Supreme Court of India 2019-12-13 allowed

THE DIRECTOR GENERAL OF POLICE vs M JEYANTHI

Bench: 2 — D.Y. Chandrachud, Hrishikesh Roy

In Brief

A police constable in Tamil Nadu tendered her resignation on 1 June 2017, which was accepted on 12 June 2017. She later sought to withdraw it on 13 July 2017. The High Court allowed her writ appeal on the ground that a 90-day notice period under the applicable regulations permitted withdrawal before expiry. The Supreme Court reversed this, holding that Rule 35A expressly prohibits withdrawal after acceptance. Once resignation is formally accepted, the employee loses all entitlement to withdraw it, regardless of the notice period. The Court allowed the appeal and upheld the dismissal of the writ petition.

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Employment Law Police Service Administrative Law Service Conditions Resignation and Withdrawal

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