JAGTAR SINGH SEKHON v. STATE OF PUNJAB AND ANOTHERS
CWP/3174/2025 · 2025-02-05
Deepak Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21082 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21082 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 129 CWP-3174-2025 Date of Decision.:05.02.2025 Jagtar Singh Sekhon
…..Pe//oner Vs. State of Punjab and another
.….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Lalit Goyal, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) By way of this writ peon filed under Arcle 226/227 of Constuon of India, peoner prays for issuance of writ in the nature of cerorari for se'ng aside order dated 18.04.2022 (Annexure P-5), whereby respondent has declined the request of the peoner for withdrawal of his resignaon. 2. According to peoner, he was appointed as Sub-Inspector in the respondent-department on 30.05.2016. Due to various mental diseases, he had submi4ed his applicaon for resignaon on 06.10.2021, which was duly accepted by the respondent-department on 08.11.2021 with effect from 31.12.2021 vide Annexure P-3. Later on, peoner made representaon for withdrawal of his resignaon on 22.03.2022 vide Annexure P-4 but the same was declined by way of the impugned order. 3. It is contended that request of the peoner for withdrawal of the resignaon has been illegally declined. 4. On advance noce being served, Mr. Rajesh Sehgal, Addl. AG, Punjab put in appearance on behalf of respondent No.1- State; whereas NEETIKA TUTEJA 2025.02.05 17:57 I attest to the accuracy and integrity of this document
CWP-3174-2025 -2- Mr. Ranjit Singh Kalra, Advocate put in appearance on behalf of respondent Nos.2 and 3. 5. A=er hearing learned counsel for the peoner, this Court does not find any merit in the peon. 6. It has been held by this court in “Kartar Singh v. State of Haryana” reported in PLR (1998) 448 by relying upon the judgment of Hon’ble Supreme Court rendered in State of Haryana and Another v. Ram Kumar Mann, 1997 (2) R.S.J. 520 that if an employee resigns from service and the resignaon becomes effecve, there is no relaonship of master and servant between the incumbent & the department; and therea=er, such an incumbent has no right whatsoever either to claim the post or a right to withdraw his resignaon, which has already been effecve by its acceptance. 7. In the present case, it is the own case of the peoner that he had submi4ed applicaon for resignaon on 06.10.2021 and the same was duly accepted by the respondent on 08.11.2021 effecve from 31.12.2021.
Once the resignaon has become effecve, relaons between the peoner and respondent-department were snapped and as such, peoner is le= with no right either to claim the post or to withdraw the resignaon. No merits. Dismissed. (DEEPAK GUPTA) JUDGE February 05, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.02.05 17:57 I attest to the accuracy and integrity of this document