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Service & Administrative LawSupreme Court of India

The Director General of Police & Anr. v. M Jeyanthi

Civil Appeal · 2019 INSC 1369Decided 13 Dec 2019
Civil Appeal No. 9423 of 2019
Dr. Justice D.Y. Chandrachud · Justice Hrishikesh Roy

Background

The respondent, a Grade II Police Constable in Tamil Nadu, submitted her resignation on 1 June 2017, which was accepted by the Director General of Police on 12 June 2017. On 13 July 2017, about a month later, she tried to withdraw her resignation. When the DGP rejected her request to withdraw and her challenge before a Single Judge failed, a Division Bench of the Madras High Court (Madurai Bench) ruled in her favour, holding that she could withdraw her resignation within the 90-day notice period required under the applicable service rules, and ordered her reinstatement.

Decision Breakdown

The Supreme Court held that under Rule 35A of the Tamil Nadu Police Subordinate Services Rules, a resignation can only be withdrawn before it is accepted by the appointing authority, once accepted, the employee loses the right to withdraw it, regardless of whether the notice period has fully run. Since the respondent's resignation was accepted on 12 June 2017 and she only sought withdrawal on 13 July 2017, her attempt came too late and had no legal effect. The Court found the High Court's reasoning, that the 90-day notice period itself gave her a right to withdraw even after acceptance, to be contrary to the plain language of Rule 35A, and set aside the High Court's judgment, restoring the dismissal of her writ petition. The Court did clarify, however, that she remains free to apply afresh for appointment in any future selection.

Lesson Learnt

Once a government employee's resignation is formally accepted by the competent authority, it generally cannot be withdrawn later, even if a statutory notice period has not yet expired: the right to withdraw exists only up to the point of acceptance, not afterward.

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