DEBASIS BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The grievance of the petitioner is that specious reasons have been proffered by the respondent authorities in rejecting the petitioner's request for withdrawing the petitioner's resignation. The petitioner was a member of a disciplined force who refused to accept an order of transfer and resigned on February 10, 2003. His resignation was accepted on April 19, 2003, but with effect from February 04, 2003 since he was absent from duty from the forenoon of such day. The petitioner applied on May 24, 2003 for withdrawal of his letter of resignation. The request was summarily rejected and the petitioner instituted W.P. 7142 (W) of 2006. Such petition was disposed of on March 07, 2014. The operative part of the relevant order reads as follows:

(2.) The parties agree that in view of the second of the paragraphs extracted above, it is evident that the acceptance of the petitioner's resignation by the order dated April 19, 2003 had not been intended to be set aside though it was referred to in the first of the paragraphs quoted. In other words, it is the common case of the parties that all that the order dated March 07, 2014 required was for the appropriate authority in the Central Reserve Police Force to consider the petitioner's request for withdrawal of his resignation in accordance with law.

(3.) The matter was considered afresh by the Deputy Inspector General of Police, CRPF Range, Rampur who declined the permission by his order of an unspecified day of June, 2014. Though only a page of the relevant order has been appended to the petition, a copy of the entire order has been made over to the Court at the hearing. The petitioner says that despite the order on the previous petition of March 07, 2014 finding that there was no absolute time-limit prescribed by Rule 26(4) of the CCS (Pension Rules), it is primarily on such ground that the petitioner's permission to withdraw his resignation has been rejected.