Instructions have been issued from time to time on
the subject of resignation. These instructions have now been
consolidated for facility of reference and guidance of all the Ministry/Departments
of the Government of India.
1. Resignation
is an intimation in writing sent to the competent authority by the incumbent of
a post, of his intention or proposal to resign the office/post either
immediately or from a future specified date. A resignation has to be clear and unconditional.
2. it
is not in the interest of Government to retain an unwilling Government servant
in service. The general rule, therefore, is that a resignation of a
Government servant from service should be accepted, except in the circumstances
indicated below :-
(i) Where
the Government servant concerned is engaged on work of importance and it would
take time to make alternative arrangements for filling the post, the
resignation should not be accepted straightway but only when alternative
arrangements for filling the post have been made.
(ii)
Where a Government servant who is under suspension submits a resignation the
competent authority should examine, with reference to the merit of the
disciplinary case pending against the Government servant, whether it would be
in the public interest to accept the resignation. Normally, as
Government servants are placed under suspension only in cases of grave
delinquency, it would not be correct to accept a resignation from a Government
servant under suspension. Exceptions to this rule would be where the
alleged offences do not involve moral turpitude or where the quantum of
evidence against the accused Government servant is not strong enough to justify
the assumption that if the departmental proceedings were continued, he would be
removed or dismissed from service, or where the departmental proceedings are
likely to be so protracted that it would be cheaper to the public exchequer to
accept the resignation.
In those cases where acceptance of resignation is
considered necessary in the public interest, the resignation may be accepted
with the prior approval of the Head of the Department in respect of Group ‘C’
& ‘D’ posts and that of the Minister in charge in respect of holders of
Group ‘A’ and ‘B’ posts. In so far as Group ‘B’ officers serving in
Indian Audit and Accounts Department are concerned, the resignation of such
officers shall not be accepted except with the prior approval of the
Comptroller and Auditor General of India. Concurrence of the Central
Vigilance Commission should be obtained before submission of the case to the
Minister-in-charge/Comptroller and Auditor General, if the Central Vigilance
Commission had advised initiation of departmental action against the Government
servant concerned or such action has been initiated on the advice of the
Central Vigilance Commission.
3. A resignation becomes effective when it is
accepted and the Government servant is relieved of his duties. If a Government servant who had submitted a
resignation, sends an intimation in writing to the appointing authority
withdrawing his earlier letter of resignation before its acceptance by the
appointing authority, the resignation will be deemed to have been automatically
withdrawn and there is no question of accepting the resignation. In
case, however, the resignation had been accepted by the appointing
authority and the Government servant is to be relieved from a future date, if
any request for withdrawing the resignation is made by the Government servant
before he is actually relieved of his duties, the normal principle should be to
allow the request of the Government servant to withdraw the resignation. If,
however, the request for withdrawal is to be refused, the grounds for the
rejection of the request should be duly recorded by the appointing authority
and suitably intimated to the Government servant concerned.
4. Since a temporary Government servant can
sever his connection from a Government service by giving a notice of
termination of service under Rule 5 (1) of the Central Civil Services (TS)
Rules, 1965, the instructions contained in this Office Memorandum relating to
acceptance of resignation will not be applicable in cases where a notice of
termination of service has been given by a temporary Government
servant. If, however, a temporary Government servant submits a
letter of resignation in which he does not refer to Rule 5 (1) of the CCS (TS)
Rules, 1965, or does not even mention that it may be treated as a notice of
termination of service, he can relinquish the charge of the post held by him
only after the resignation is duly accepted by the appointing authority and he
is relieved of his duties and not after the expiry of te notice period laid
down in the Temporary Service Rules.
5. The procedure for withdrawal of resignation
after it has become effective and the Government servant had relinquished the
charge of his earlier post, are governed by the following statutory provision
in sub-rules (4) to (6) of Rule 26 of the CCS (Pension) Rules, 1972 which
corresponds to Art. 418 (b) of the Civil Service Regulations:-
“(4) The appointing authority may permit
a person to withdraw his resignation in the public interest on the following
conditions, namely :-
(i) that
the resignation was tendered by the Government servant for some compelling
reasons which did not involve any reflection on his integrity, efficiency or
conduct and the request for withdrawal of the resignation has been made as a
result of a material change in the circumstances which originally compelled him
to tender the resignation;
(ii) that
during the period intervening between the date on which the resignation became
effective and the date from which the request for withdrawal was made, the
conduct of the person concerned was in no way improper;
(iii) that
the period of absence from duty between the date on which the resignation
became effective and the date on which the person is allowed to resume duty as
a result of permission to withdraw the resignation is not more than ninety
days;
(iv) that
the post, which was vacated by the Government servant on the acceptance of his
resignation or any other comparable post, is available;
(v) request
for withdrawal of resignation shall not be accepted by the appointing authority
where a Government servant resigns his service or post with a view to taking up
an appointment in or under a corporation or company wholly or substantially
owned or controlled by the Government or in or under a body controlled or
financed by the Government;
(vi) When
an order is passed by the appointing authority allowing a person to withdraw
his resignation and to resume duty the order shall be deemed to include the
condonation of interruption in service but the period of interruption shall not
count as qualifying service.”
6. Since the CCS (Pension) Rules are
applicable only to holders of permanent posts, the above provisions would apply
only in the case of a permanent Government servant who had resigned his
post. The cases of withdrawal of resignation of permanent Government
servants which involve relaxation of any of the provisions of the above rules
will need the concurrence of the Ministry of Personnel, P.G. & Pensions, as
per Rule 88 of the CCS (Pension) Rules, 1972.
7. Cases of quasi-permanent Government
servants requesting withdrawal of resignation submitted by them would be
considered by the Department of Personnel and Training on merits.
8. A Government servant who has been selected
for a post in a Central Public Enterprises/Central Autonomous body may be
released only after obtaining and accepting his resignation from the Government
service. Resignation from Government service with a view to secure
employment in a Central Public enterprise with proper permission will not
entail forfeiture of the service for the purpose of retirement/terminal benefits. In
such cases, the Government servant concerned shall be deemed to have retired
from service from the date of such resignation and shall be eligible to receive
all retirement/terminal benefits as admissible under the relevant rules applicable
to him in his parent organisation.
9. In cases where Government servants apply
for posts in the same or other Departments through proper channel and on
selection, they are asked to resign the previous posts for administrative
reasons, the benefit of past service may, if otherwise admissible under rules,
be given for purposes of fixation of pay in the new post treating the
resignation as a ‘technical formality’.
[Deptt. Of Personnel & Training OM No.
28034/25/87-Ests. (A) dated 11th February, 1988]
