AVTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled as an Inspector of Border Security Force in the year 1986 when he was of the age of 21 years being a graduate and distinguished sportsman. As per B.S.F. Service Rules, 1969, the enrolled candidate is required to execute an agreement mentioning therein the service conditions. In this connection, it will be relevant to notice the conditions of service, which are reproduced herein below :-

(2.) Pursuant thereto, the petitioner executed an agreement and was enrolled for three years as per Conditions of Service. Petitioner states that during his service with the B.S.F. he has brought good name and fame for the Department from home and abroad. It has been alleged that he was kept busy all the times in sports activities and was not sent to any training resulting in denial of further promotion in service. Accordingly, he submitted his resignation to the authority concerned on 10.12.1994 for its acceptance, but it was declined on the ground of exigency of service and being an outstanding athlete of B.S.F. athletic team. According to the petitioner, the resignation is required to be dealt with under rule 19 of the Rules, which reads as under :-

(3.) He submits that none of the provisions of this rule is applicable in his case inasmuch as no emergency is declared in the country and the interest of discipline of the Force would not suffer in the event of acceptance of his resignation because he had already completed three year's tenure with B.S.F. as per mutual agreement arrived at between the parties. He contends that refusal of acceptance of his resignation is, therefore, not in accordance with the rules and as such, is illegal and so the order of rejection of his request for acceptance of resignation deserves to be quashed.