Can officer below the appointing authority accept resignation? I am working as an inspector in the Uttar Pradesh police. Due to some misunderstanding with the superintendent of the police, I served my resignation. That is accepted by him and sent to the police headquarters for releasing my retirement benefits.
When I came to know that my resignation was promptly accepted by him I immediately withdrew my resignation. But the officer refused. Now I have received a letter from the finance controller that my pension and other dues have been prepared on the basis of last salary drawn.
Actually I sent my resignation in anguish and under pressure. It was not voluntary so I withdrew it after thirty five days. The kaptan was very much eager to take stringent against me so he exerted pressure upon me. He has stopped my increment. In the frustrated state of mind I gave my resignation. Now I want to save my career and protect my family from my bad decision. Please suggest how to handle this issue?
Asked from: Uttar Pradesh
Prima facie, the acceptance of your resignation by the officer concerned appears to be patently incompetent and legally untenable. It is a settled principle of law that only the appointing authority is vested with the power to accept a resignation. In the instant case, the appointing authority, contingent upon your rank, is either the Deputy Inspector General of Police (DIG) or the Inspector General of Police (IGP).
If you hold the rank of Sub-Inspector, the DIG, being the appointing authority, is exclusively empowered to accept your resignation. Conversely, if you are a Police Inspector, the resignation must be accepted by the IGP. Under no circumstances does the Superintendent of Police (SP) possess the jurisdiction to accept a resignation, as such an act falls squarely outside their legal competence.
The SP was duty-bound to forward your resignation to the competent authority for due consideration. The purported acceptance of your resignation by the SP is manifestly ultra vires, as it exceeds the scope of their authority. Consequently, the order issued by the SP is illegal per se, devoid of legal sanctity, and a nullity in the eyes of the law. It follows, therefore, that you remain in service, as the impugned order lacks any legal effect. You should also challenge the order passed by SP for stopping increment. This is a separate issue and not dependent upon your resignation.
In light of the foregoing, it is strongly recommended that you challenge the validity of the SP’s order and seek its quashing. You may approach the Hon’ble High Court by filing a writ petition under Article 226 of the Constitution of India, praying for the annulment of the SP’s order on the grounds of jurisdictional overreach and violation of due process. Given that you have withdrawn your resignation and the same was accepted without lawful authority, the competent authority is legally bound to reject the resignation letter. It is trite law that a resignation must be voluntary and accepted in strict adherence to the prescribed legal process.
Under the present circumstances, the Hon’ble High Court is likely to quash the impugned order and may issue directions for your reinstatement in service, along with consequential benefits. You are well within your rights to seek appropriate relief, and prompt legal action is advised to safeguard your interests and rectify this miscarriage of justice.
