Bilaspur: The Chhattisgarh High Court has recently given a verdict that can provide legal authority to all government officers and employees, particularly those working in different state departments. The two-man division bench of the High Court headed by Chief Justice Ramesh Sinha and Justice BD Guru held that resignation cannot be effective if certain formalities are not complied with.
It deals with the case of Shailendra Kumar Khampariya – the Deputy Manager of Chhattisgarh State Civil Supplies Corporation – who, through his mail to the General Manager movies on 26/03/2016, tendered his resignation purely on medical grounds. The department, however, turned down his resignation, arguing that there was no valid resignation date and that Khampariya did not meet the requirements of paying three months of his salary as required.
The following year, in September 2016, the department accepted his resignation. Khampariya later wanted to withdraw his resignation when he tendered it in October 2016. In return, the corporation denied his appeal and told him that his resignation had been approved already. This decision made him feel vengeful, which is why Khampariya decided to petition the High Court, urging the corporation not to proceed with such an action.
Talking about the legal proceedings, just a single bench of the High Court was in favour of Khampariya and declared the acceptance of his resignation unlawful. The corporation, however, filed the appeal on the same before the division bench. At the congressional hearings, the corporation contended that once an employee has resigned, she or he cannot revoke the resignation even when the written acceptance has not been communicated to the employee.
With regard to this, Khampariya insisted that he was right to refuse to accept the resignation as he had not complied with legal requirements as required before accepting it later. He also explained that he had not complied with the conditions, such as paying the three-month salary deposit, which invalidated the resignation.
Both the division bench and the single bench agreed that the appellant’s resignation was invalid as proper procedure was mandatory.
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