• Denial of resignation

Sir
I am working as Group A Gazetted officer in Ministry of Home affairs  as Assistant Commandant Medical Officer .
I resigned from my service on 08/05/2017 and deposited 03 months salary as per bond executed with the organisation.
21 days after my Marriage my family permission was cancelled by the department was by giving reason that it's hard area and staying with family is not allowed.
My wife filed false 498a Case against me after few months. On which ground my Promotion to Deputy Commandant which was already approved was withheld. Further my resignation till date 06/04/2018 is not yet accepted. As I wanted to continue my further studies after resigning from the job.
Court has already enlarged me and my whole family on Bail and till now proceedings of case is not yet started.
I file is rotating from one desk other as they don't have any guidelines. My employer has already given DE/Vigilance clearance to me. But due to this complaint case pending against me they r not releasing me neither intimating me  regarding the process. Many representation already submitted to head of the organisation.
Kindly help
Asked 1 year ago in Labour from Delhi, Delhi

File a Writ of Mandamus in the Hogh Court of Delhi seeking directions for the department to release you as you have also already got from the court also.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

If a case is pending, so have you appointed any lawyer to defend you?

If not then you can seek help from a good lawyer in your area.

If the office is not accepting your resignation, or if they are delaying in the process then you can file RTI application to know the reason for such delay.

If since, a case is pending that is why they are delaying then you can get update about the case so that further process of the case starts soon.

If all the situation is harming your studies then you can seek help from a good lawyer in your area to get remedy asap.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

See your both cases are different and you can file a writ in high court and seek directions for department concerned to accept your resignation as both case your resignation and matrimonial cases are different and it should not impact.your career further the policy and terms of agreement bond can be citated as the case may be there will be no clause reading that any case pending agaisnt you except departmental you shall not be relieved.

Do one thing write a letter or by way of RTI seek information regarding under what rules or reason your resignation is not accepted.

This is the specific rule under your service for resignation * Candidates shall be required to serve the Force for a minimum period of 10

years. If any officer, after joining the service wants to resign from the service

before the expiry of 10 years, he/she is required to refund a sum equal to 03

months pay and allowances or the cost of training imparted to him/her in the

Force, whichever is higher."

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

1) file application before CAT against the ministry refusal to accept your resignation

2) merely because false dowry harassment case is filed against you is not ground to refuse to accept resignation

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Since you are working as a commandant you can approach administrative tribunal seeking direction to your direction to release you by accepting your resignation.

In alternative you can approach high court by filing writ seeking same prayer as aforesaid.

Secondly case files by.your wife has nothing to do for them denying to release you from job. If that's the reason they are giving ask them to give in writing the reason for denying why they are not releasing you from job and thereafter approach administrative tribunal or high court.

Swarnarka Chowdhury
Advocate, Mysore
1768 Answers
4 Consultations

5.0 on 5.0

File a writ application before the Hon'ble High Court seeking relief you want.

Baisali Ghoshal
Advocate, Kolkata
12 Answers

4.0 on 5.0

Hello,

Immediately file a writ petition in the High Court, thereupon seeking direction for the department to give effect to your resignation at the earliest.

you can not be allowed to run from pillar to post for no fault of your's. A writ of mandamus will be filed under article 226 of the Constitution of India.

regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

It appears that your personnel department is avoiding taking any decision in this regard as they are not knowing what can be done on it when there is a criminal case pending against you.

As a matter of fact, if there is no departmental inquiry pending against your nor if the criminal case is pertaining to any thing related to your employment issues, then the authorities should not adopt this lethargic or reluctant or ignorant attitude

Well you can approach CAT for relief and remedy especially with regard to your resignation because there is no whisper about any service exigencies to reject your resignation letter.

You may discuss with an advocate in local at length and proceed to file a case before CAT seeking the desired reliefs and remedies.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Dear Client,

Seek under RTI, the process going on your representation.

Next, If there`s no violation of resignation Clause, than u cannot b forced to continue with the dept.

U should send them notice of deemed acceptance of resignation basing clearance from the DE/Vigilance and duly serving resignation clause.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Hello,

You can file an application to CAT if you have any grievance , there is a ruling of the apex court where the court specifically stated that in cases like 498A there will not be any effect on a persons service .

Hopr this helps.

Swarupananda Neogi
Advocate, Kolkata
1056 Answers
2 Consultations

4.8 on 5.0

There are some additional information required from you to answer your question correctly. For example, in consequence of your resignation are you also entitled to some payment by the department? Based on the complete set of facts before you, you may file an urgent application before the Court to hear the case or may also file a writ. Please contact your lawyer.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

After my approach to the concerned officer he asked me to take a NOC from the concerned court where my matrimonial case is ongoing that court has no objection in me going for resignation.

But why court will give me NOC as the office has not asked court neither given me any official letter neither willing to give.

The authority which directed you to get NOC from court may be asked to give this in writing, becasue the authority cannot disregard court in this manner, the court is not working under him that he will pass such direction.

If at all there is a law in this regard that you should obtain NOC from court, let them quote the said rule or provisions of law, so that you can approach court of law for procuring the said requirement, the authority will not give anything in writing to this effect.

What type of urgent application can be filed and in which court and under which section ? other than Writ petition.

No other petition is maintainable in court of law to your urgency except a writ petition,

The writ petition will provide you the solution or at least it will guide you abut the follow up procedures to be pursued in this regard.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

1) i had already advised you to file application before CAT against refusal to accept your resignation

2) mention that your resignation was rejected on frivolous grounds . that NOC of court is not necessary for acceptance of resignation by your organisation

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Hi,

The urgent application can only be filed when you have a case in place. In this case the obvious choice seems to be writ petition against the ministry which is holding your resignation. The writ is filed under Constitution of the India, Article 226. The writ order from the Court in form of Mandamus will restrict the ministry to interfere in your personal decisions. I will recommend you to file writ and gather all the documents including your deposit of monies, the policy saying that no benefits may be claimed, and the order saying that an NOC is required from the Court.

Lastly, do not be stressed out. I know it may be pretty important for you, but then if you are stuck, you need to find ways to resolve it which is through legal proceedings. Be brave and proceed ahead.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

File a petition before CAT of your jurisdiction seeking direction to your concerned department to release you from job by giving NOC. Also file an interim application. Since you do not want to file writ this is the alternative way of getting remedy.

Swarnarka Chowdhury
Advocate, Mysore
1768 Answers
4 Consultations

5.0 on 5.0

Currently are your continuing with your work or you have left and waiting for the final order?

Is there any other case like divorce and maintenance case pending besides 498a?

If there is no guidelines in 498a Case in resignation and when you had approached to the concerned officer he had asked you to take a NOC from the concerned court where your matrimonial case is ongoing that the court has no objection in you going for resignation, then you can follow it and pray before the Learned Court for NOC.

And after getting that you can submit the NOC copy before the concerned officer.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

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