VidhiSangh

Supreme Court of India · 13/12/2019

THE DIRECTOR GENERAL OF POLICE & ANR. versus M JEYANTHI

[2019] 15 S.C.R. 207 · 2019 INSC 1369

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Summary

The Court held that a police constable could not withdraw her resignation after its acceptance under Rule 35A. The three-month notice requirement did not preserve a withdrawal right after valid acceptance, and the authority could give acceptance effect before notice expired. The provision for cancellation if adverse vigilance material emerged did not render acceptance incomplete. Reinstatement was reversed, with liberty to seek fresh appointment through lawful selection.

Issues

  1. Whether resignation could be withdrawn after acceptance but within the three-month notice period.
  2. Whether a provision for cancellation upon adverse vigilance information prevented completed acceptance.

Provisions considered

Held

Result

Appeal allowed without costs. The Division Bench judgment directing reinstatement was set aside and dismissal of the writ petition affirmed. The respondent remained free to apply for fresh appointment through subsequent selection in accordance with law.

Judgment PDF: Supreme Court of India, [2019] 15 S.C.R. 207.