Thursday, April 25, 2024

Delhi HC Asks “Whether There Is A Place For Fickle Minded Officers In The Paramilitary Forces” To Officer Seeking Withdrawal Of Resignation

The Delhi High Court while hearing a petition of an officer of the Central Reserve Police Force seeking withdrawal of his resignation enquired “Whether there is place for fickle minded officers in the paramilitary forces”.

The bench comprising Justice Rajiv Sahai Endlaw and Justice Asha Menon has issued notice on the plea of the Officer challenging the order where his resignation was accepted and also seeking the withdrawal of the said resignation.

The petitioner submitted that he has not been communicated any decision taken on his request dated May 8, 2018, for withdrawal of resignation or the reminder thereto dated 28th February 2020.

He has further contented that under Rule 26(4)(iii) of the CCS (Pension) Rules, 1972, the petitioner having applied for withdrawal of resignation within 90 days from the date on which the resignation became effective, is entitled to consideration of his request for withdrawal. Though the CRPF has recommended withdrawal of resignation of the petitioner, as the petitioner during the time of his employment as Assistant Commandant from 19th December, 2011 onwards has displayed exemplary service, but the decision of the Central Government thereon is not known.

While inquiring about whether the decision of the petitioner at first to resign and thereafter seeking withdrawal was impulsive, the bench observed that “it prima facie appears that the officers of paramilitary forces cannot be permitted a sabbatical in this fashion.” The matter has been listed for next hearing on August 17.

Read the Order Here;


-India Legal Bureau


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