UNION OF INDIA & ORS. versus HITENDER KUMAR SONI

Citation: [2014] 6 S.C.R. 563 · Decided: 21-07-2014 · Supreme Court of India · Bench: VIKRAMAJIT SEN · Disposal: Appeal(s) allowed

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Judgment (excerpt)

[2014] 6 S.C.R. 563 
UNION OF INDIA & ORS. 
V. 
HITE;NDER KUMAR SONI 
(Civil Appeal No.10645 of 2010) 
JULY 21, 2014 
[VIKRAMAJIT SEN AND SHIVA KIRTI SINGH, JJ.] 
SERVICE LAW: 
A 
B 
Resignation - Effective date - Temporary employee c 
under probation, absenting himself from duty and sending 
resignation letter - Resignation accepted - Thereafter, letter 
by employee that his resignation letter be treated as 
cancelled - Prayer not acceded to - High Court holding that 
resignation could not have come into effect as the employee 
0 
was not relieved of his duties - Held: Clause (4) of r. 5(1) of 
Central Civil Services (TS) Rules, makes a distinction 
between the right of a temporary Government servant to sever 
his connection from Government service by giving a notice 
of termination and that of a temporary Government servant 
who chooses not to give such notice but opts to submit a letter E 
of resignation ....: In the case of notice of termination, employee 
can relinquish the charge of the post on expiry of the period 
of notice, but, such right will not be available to a temporary 
employee in case he tenders a simple resignation, and 
Government has the power to accept the resignation so as to 
F 
bring' about a severance of relationship of master and servant 
with immediate effect - In the instant case, the letter of 
acceptance clearly shows that termination of respondent's 
service as per his offer of resignation was not deferred to any 
future date and, therefore, there was no requirement to relieve 
G 
him of his duties - In such a case, 0. M. dated 11. 2. 1988 
relating to acceptance of resignation will not be applicable -
Even as per said O.M., resignation is required to be intimated 
563 
H 
564 
SUPREME COURT REPORTS 
[2014] 6 S.C.R. 
A · in writing disclosing the intention to resign the office/post either 
immediately or from a future date specified - The resignation 
has to be clear and unconditional - The view of High Court 
cannot be sustained and, as such, impugned judgment is set 
aside - In view of the facts of the case writ jurisdiction was not 
8 
required to be exercised - Writ petition of respondent shall 
stand dismissed. 
c 
WORDS AND PHRASES: 
Expression 'relieve' - Connotation of. 
The respondent joined as Investigator with the 
appellant-employers on 26.9.1996. While his service was 
still temporary and under probation, he absented himself 
from duty on 6.10.1997 and sent a resignation letter dated 
0 7.10.1997. By order dated 16.6.1998 his resignation was 
accepted. On 5.8.1998 the respondent sent a letter that 
his resignation letter may be treated as cancelled. His 
request was not acceded to. He filed an O.A. before the 
Central Administrative Tribunal, which was rejected. 
However, the High Court allowed his writ petition holding 
E that the resignation could not have come into effect, as 
per clause (3) of 0. M. dated 11.2.1988 issued by the 
Government of India, Ministry of Personnel, Public 
Grievances and Pension, the respondent was also 
required to be relieved of his duties which was not done 
F by the appellants. 
Allowing the appeal, the Court 
HELD: 
G 
1.1. The view of the High Court cannot be sustained. 
H 
Clause (4) of r. 5(1) of the Central Civil Services (TS) 
Rules, 1965 considers the case of a temporary· 
Government servant who has a right to opt out of 
Government service by giving a notice of termination of 
UNION OF INDIA & ORS. v. HITENDER KUMAR SONI 565 
service. The subsequent provision of clause (4) has been 
A 
held applicable to the respondent because instead of 
notice of termination he had tendered a letter of 
resignation. In such a case, 0. M. dated 11.2.1988 relating 
to acceptance of resignation will not be applicable. [para 
9) [573-F-G] 
B 
1.2. Even. the relevant clauses of the O.M. dated 
11.2.1988 prescribe that resignation is required to be 
intimated in writing disclosing the intention to resign the 
office/post either immediately or from a future date C 
specified. The. resignation has to be clear and 
unconditional. The respondent did not specify any future 
date but submitted his resignation in writing giving 
reasons and his intention to resign is clear and 
unconditional. [para 8-9) [572-F-H]; 573-A] 
1.3. In the considered view of this Court, clause (4) 
of r.5(1) of 1965 Rules makes a distinction between the 
right of a temporary Government servant to sever his 
conQection from Government service by giving a notice 
D 
of termination and

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