RAJ KUMAR versus UNION OF INDIA

RAJ KUMAR versus UNION OF INDIA

The resignation became effective upon acceptance by the Government of India; absence of statutory rule requiring communication rendered withdrawal after acceptance invalid. Acceptance of resignation was not equivalent to dismissal or punitive termination under Article 311.

Parties
Appellant: Raj Kumar; Respondent: Union of India; Respondent: State Government (Punjab or Rajasthan)
Jurisdiction
India
Judgment Date
18 April 1968
Procedural Posture
Civil Appeal / Appeal From Punjab High Court Judgment Dated May 28, 1966 in Civil Writ No. 170.d of 1965
Outcome
Appeal dismissed
Legal Topics
Resignation From Service, Withdrawal of Resignation, Effectiveness of Acceptance, Article 311
Service Law Constitutional Law Resignation From Service Withdrawal of Resignation Effectiveness of Acceptance Article 311

Case Brief

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Parties

Raj Kumar

Appellant

Union of India

Respondent

State Government (Punjab or Rajasthan)

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab High Court Judgment Dated May 28, 1966 in Civil Writ No. 170.d of 1965

Legal Issues

  1. 1 Whether a public servant may withdraw resignation after acceptance but before communication of acceptance.
  2. 2 Whether the order accepting resignation amounts to dismissal violating Article 311 of the Constitution.

Ratio Decidendi

The resignation became effective upon acceptance by the Government of India; absence of statutory rule requiring communication rendered withdrawal after acceptance invalid. Acceptance of resignation was not equivalent to dismissal or punitive termination under Article 311.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs