THE DIRECTOR GENERAL OF POLICE & ANR. versus M JEYANTHI

Citation: [2019] 15 S.C.R. 207 · Decided: 13-12-2019 · Supreme Court of India · Bench: D.Y. CHANDRACHUD, HRISHIKESH ROY · Disposal: Appeal(s) allowed

Judgment (excerpt)

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THE DIRECTOR GENERAL OF POLICE & ANR.
v.
M JEYANTHI
(Civil Appeal No. 9423 of 2019)
DECEMBER 13, 2019
[DR. DHANANJAYA Y CHANDRACHUD AND
HRISHIKESH ROY, JJ.]
Special Rules of Tamil Nadu Police Subordinate Services –
r.35A– Respondent, Grade II Police Constable at the IXth Batallion,
Manimuthar, Palayamkottai tendered resignation on 1 June 2017 –
Accepted on 12 June 2017 – Later, sought withdrawal of the
resignation –Respondent’s representation rejected by the Director
General of Police – Challenged – Writ petition dismissed – Writ
appeal allowed by the Division Bench holding that in terms of s.50
of the 2016 Act, a period of ninety days’ notice is necessary and the
appellants faulted in accepting the resignation without waiting for
the period of notice to expire – Held: Provisions of r.35A of the
Rules are analogous to s.50 of the 2016 Act – Respondent, as a
police constable, was governed by r.35A – Clause (a) of r.35A
requires that before resigning, a member of the service must furnish
not less than three months’ notice in writing to the appointing
authority – Under clause (b), the notice may be withdrawn before
its acceptance – Withdrawal of the resignation is not permitted after
acceptance –Under clause (c) of r.35A, the appointing authority,
while accepting the resignation, is empowered to indicate a date
from which it will take effect which will not be later than the date of
expiry of the notice – Thus, the authority can legitimately accept
the resignation from a date anterior to the expiry of the notice – In
the present case, the resignation dtd. 1 June 2017 was accepted on
12 June 2017 – It was only a month thereafter on 13 July 2017 that
the respondent purported to withdraw the resignation – Resignation
having taken effect upon its acceptance, the withdrawal was of no
consequence – High Court not justified in holding that within period
of ninety days, the period of notice required under the Rules, it was
open to the employee to withdraw the resignation even after
 [2019] 15 S.C.R. 207
207
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SUPREME COURT REPORTS
[2019] 15 S.C.R.
acceptance – This construction is contrary to the provisions of r.35A
– Judgment of the High Court set aside – Dismissal of the writ
petition by the Single Judge, affirmed – Tamil Nadu Government
Servants (Conditions of Service) Act, 2016 – s.50.
Respondent, appointed in 2010, was working as Grade II Police
Constable at the IXth Batallion, Manimuthar, Palayamkottai. She tendered
her resignation on 1 June 2017, which was accepted on 12 June 2017.
On 13 July 2017, the respondent purported to address communication
withdrawing the resignation. The High Court in the writ petition filed by
the respondent, directed the Director General of Police to consider the
representation and to pass appropriate orders in accordance with law.
The DGP passed an order rejecting the representation, which was
challenged by the respondent. The Single Judge dismissed the writ petition.
Division Bench allowed the writ appeal granting reinstatement with
continuity of service. Hence, the present appeal.
Allowing the appeal, the Court
HELD: The provisions of Rule 35A of the Special Rules of
Tamil Nadu Police Subordinate Services are analogous to Section
50 of the Tamil Nadu Government Servants (Conditions of
Service) Act, 2016.  The respondent, as a police constable, was
governed by Rule 35A. Clause (a) of Rule 35A requires that before
resigning, a member of the service must furnish not less than
three months’ notice in writing to the appointing authority. Under
clause (b), the notice may be withdrawn before its acceptance.
Withdrawal of the resignation is not permitted after acceptance
by the appointing authority. Under clause (c), the appointing
authority is required to issue orders on the notice of resignation
before the date of expiry of the notice. If the resignation is being
accepted, the date of acceptance is not to be later than the date
of the expiry of the notice. If no order has been passed, the
resignation is deemed to have been accepted on the expiry of
the period of notice. The provisions of clauses (b) and (c) of Rule
35A make it abundantly clear that: (i) A resignation can be
withdrawn before its acceptance; and (ii)Upon acceptance, the
employee loses the entitlement to withdraw the resignation.
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Moreover, it is evident from clause (c) of Rule 35A that the
appointing authority, while accepting the resignation, is
empowered to indicate a date f

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