NITU KUMARI PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The rejection of the prayer of the petitioner for withdrawing her resignation from service is the broad subject matter which has been raised in this petition filed under Article 226 of the Constitution of India. The facts in brief may be stated as follows.

(2.) The petitioner was appointed as a Constable in the Central Industrial Security Force (hereinafter CISF) on 20/8/2008 and after completion of training, she was posted at Kota, Rajasthan vide an order dtd. 16/4/2009. From 11/9/2012 to 8/11/2012, the petitioner was on leave and in the meantime on 14/9/2012 an order of transfer of the petitioner to Dibrugarh was passed.

(3.) On the issue of overstay of leave, a departmental proceeding was initiated against the petitioner which had culminated in imposition of a penalty of reduction of pay for 3 years. Though such action was not put to any challenge, it has been pleaded that due to certain domestic problems, on 28/5/2013, the petitioner had submitted her resignation. The same was provisionally accepted vide a communication dtd. 29/5/2013 and on the same date, the petitioner was discharged. On the next date i.e. 30/5/2013, the name of the petitioner was struck off from the rolls of the CISF. The provisional acceptance was however attached with certain conditions which the petitioner had fulfilled.