BISWARUP MUKHERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. J. Roy, the learned counsel for the petitioner. The respondents are represented by the learned CGC, Mr. K.K. Parasar.

(2.) The challenge here is to the office order dated 26.7.2011 (Annexure-1), whereby the petitioner who served for 14 years as Constable (GD), in the 20th Battalion of the CRPF was struck off, w.e.f. 26.7.2011, on the basis of purported resignation, tendered by the constable on the previous date i.e. 25.7.2011.

(3.) It is imperative that the authority competent to accept the resignation should therefore, personally explain the growing unemployment problems and consequences of discharge to the persons seeking discharge from service, while it is not in the interest of government to retrain an unwilling Govt. servant in service, a care has to be taken that no one is allowed to proceed on discharge/vol. Retirement without any compelling reasons. As a model employer, the administration must conduct itself with high probity and condour with its employees and should always be careful enough to reasoned to their problems.