In Brief
An assistant teacher resigned to contest municipal elections and lost. She later sought to withdraw her resignation, but the education department rejected it solely on grounds that a chargesheet (misconduct allegation) had been issued against her earlier. The Tribunal and High Court allowed her withdrawal plea. The Supreme Court dismissed the government's appeal, holding that once an employer accepts a court-directed parameter for deciding a withdrawal plea and rejects it on stated grounds, it cannot later invoke different legal reasoning. Rule 26(4) of the Civil Service (Pension) Rules permits withdrawal even after resignation is accepted. The employer's sole ground for rejection—the chargesheet—was found unsustainable by the lower forums and could not be supplemented by subsequent judicial interpretations not originally relied upon.
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