Susheel Kumar Dhumketi S/o Late Vishal Singh Dhumketi Aged About 43 Years R/o Qtr v. 1 - State Of Chhattisgarh Through Its Secretary, Department Of Medical Health, Mahanadi Bhawan
Case Details
Cited in this judgment
Legal Reasoning
: Shri Punit Ruparel, Advocate For Respondents/State ------------------------------------------------------------------------------------------------------------------ : Shri S Choubey, PL Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board
15.07.2025
1. Petitioner has filed this petition with the following reliefs: “i. That the Hon’ble Court may kindly be pleased to quash the order of acceptance of voluntary resignation dated 01.08.2023, and permit the petitioner to perform his duty as store keeper to the respondent No.5/Hospital. Wps 6862 of 2025 2 ii. That the Hon’ble Court may kindly be pleased to direct the respondent authority to reconsider the case of the petitioner for joining as he claimed by cancelling his voluntary resignation dated 15.06.2023 and its acceptance dated 01.08.2023. iii. That the Hon’ble Court may kindly be pleased to direct the respondent authority to grant the salary for the period of 16.11.2022 to 15.06.2023 to the petitioner. iv. That the Hon’ble Court may kindly be pleased to direct to consider the case of petitioner for rejoining of him in the post of store keeper to the respondent No.5 hospital which is pending till date. v. That the Hon’ble Court may kindly be pleased to call for the entire record pertaining to the case of the petitioner. vi. Cost of the petition may also be granted to the petitioner. vii. Any other relief, which this Hon’ble court deems fit and proper, may also, kindly be granted to the petitioner in the interest of justice.”
2. Learned counsel for the petitioner would submit that petitioner has been appointed on the post of AG-III vide order dated 11.07.2008, and was posted as Store Keeper in the Shahid Mahendra Karma Smriti Chikitsalay, Dimrapal, Jagdalpur, District-Bastar. On 15.06.2023, petitioner submitted his voluntary resignation to respondent-5, which has been accepted by the said authority on
01.08.2023, and his removal order has been issued which is Annexure P3. On
19.10.2023, petitioner made an application for revocation/withdrawal of his resignation, which was forwarded by the concerned authorities for appropriate direction to the higher authorities on 27.02.2024 but the same has not been considered till date, and therefore, respondent-5 may be directed to permit the Wps 6862 of 2025 3 petitioner to perform his duty as Store Keeper, and to quash the acceptance of resignation dated 01.08.2023. He would further submit that the petitioner has not been paid salary from 16.11.2022 to 15.06.2023, and the authorities may be directed to sanction the same to the petitioner.
3. On the other hand, learned State counsel appearing for the State on instructions, would submit that the petitioner has voluntarily submitted his resignation, which has been duly accepted by respondent-5 vide order dated
01.08.2023. Once the resignation has been accepted by the authorities, the same cannot be revoked/cancelled subsequently. Further, petitioner was un-authorized absentee from his duty from 16.11.2022, and numerous letters have been issued to him, and notice has also been published in the daily news paper to notice the petitioner with respect to his un-authorized absence but there is no response from the petitioner, and then, action has been taken against him under the Chhattisgarh Civil Services Conduct Rules, 1965 (for short, ‘CG Rules, 1965’) and Chhattisgarh Civil Services (Classification Control, and Appeal) Rules, 1966 (for short, ‘CCA Rules’), in which major punishment of termination was ordered against the petitioner, and during that proceeding, he made his voluntary resignation application, which was accepted on 01.08.2023. Therefore, there is sufficient reason for not considering the revocation/cancellation of petitioner’s resignation letter. Even, petitioner is not entitled for any salary in between the period of 16.11.2023 to 15.06.2023, as he
Decision
remained un-auhorized absent. Hence, there is no merit in the writ petition, and the same is liable to be dismissed.
4. Heard learned counsel for the parties, and perused the documents annexed with the petition.
5. The submission of voluntary resignation application on 15.06.2023, its acceptance on 01.08.2023, are not in dispute in the present case. Even from perusal Wps 6862 of 2025 4 of letter dated 19.07.2024 (Annexure P4), it transpires that major penalty was imposed against the petitioner for his removal from service under the provisions of CCA Rules, and during process of his removal, petitioner made his resignation voluntarily, which was accepted on 01.08.2023 by the authorities.
6. The law in regard to resignation is that concept is bilateral and requires acceptance and it follows that offer of resignation can be withdrawn before acceptance as is held by the Hon’ble Supreme Court in the matters of Union of India Vs Gopal Chandra Mishra, AIR 1978 SC 694, and Air India Express Limited and others Vs Captain Gurdarshan Kaur Sanghu, 2019 (17) SCC 129, and thus, it is evident that once resignation was made, and it was accepted, then its withdrawal after acceptance is not permissible.
7. Once the voluntary resignation of the petitioner is accepted by the competent authority, without there being any condition, same cannot be revoked/cancelled subsequently, by the application made by petitioner.
8. Further, it also it transpires that petitioner was absent unauthorizedly, from
16.11.2022 till 15.06.2023, for which various notices have also been issued to him, including paper publication, and under the provisions of CG Rules, 1965, CCA Rules, Fundamental Rules, and CG Pension Rules, 1976, major penalty has been imposed upon him for his removal from service. Petitioner was un-authorized absentee in between the period, hence, he is not entitled for salary for that period also.
9. In view of aforesaid consideration, I do not find any scope to grant any relief to the petitioner in the present petition. Accordingly, petition stands dismissed. Sd/- (Ravindra Kumar Agrawal) JUDGE