THOMAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner who was an Asst. Sub Inspector in the central Industrial Security Force submitted his resignation by Ext. P1 dated 3-9-1976 requesting that he be relieved from his post on 30-9-1976 A. N. This was on some sudden fit of emotion which he came to regret later but not immediately. He sought to withdraw the resignation by Ext. P2 dated 8-3-1978 but it was too late, for, in the meantime his resignation had been accepted by the Commandant of the c. I. S. F. by Ext. R1 dated 4th October, 1976. On the face of it it is too late for the petitioner to withdraw the resignation and he ought to be content. with the fate brought about by his own voluntary action. However, the petitioner says that his resignation has not been accepted by a competent officer and that he ought to be therefore treated as still in service. He contends that he is entitled to withdraw his resignation which he has done by Ext. P2.

(2.) THE Petitioner's counsel Shri Ramakumar submits that ext. Rl shows that the resignation was accepted by the Commandant who was not the petitioner's appointing authority and he was therefore incompetent to accept the resignation. This, counsel says, is the effect of R. 55 of the central Industrial Security Force Rules, 1969 ('the Rules' ). Counsel points out that the petitioner was appointed by the Dy. Inspector General of the C. I. S. F. He alone was therefore the competent authority under R. 55 to accept his resignation.