• Resignation

I am a  trainee officer in CRPF who is still under probation. I took leave on medical grounds but now since I am unable to join back, I have overstayed the leave. Now I wanted to resign as I will not be able to continue further. Can I send my resignation directly to the directorate without reporting back and waiting for three months?
Asked 3 months ago in Constitutional Law from New Delhi, Delhi
1) you   cannot send your resignation directly to directorate without reporting back for duty 

2) you cannot resign without previous permission of commandment 

3) you have to give 3 months notice if you want to resign from service 

4) rule 6 :
6.  Resignation and withdrawal from the Force.—No member of the Force shall be at liberty to— 
(a)  resign his appointment during the term of his engagement, except before the expiration of the first three months of his service; or 
(b)  withdraw himself from all or any of the duties of his appointment, without the previous permission in writing of the Commandant or Assistant Commandant or any other officer authorised by the Commandant to grant such permission. 

After you have served in the Force for such period as the Central Government may prescribe, you may, at any time when not on active duty, apply for discharge, through the officer to whom you may be subordinate to the Commandant, and you will be granted your discharge after two months from the date of your application, unless your discharge would cause the vacancies in the Force to exceed one-tenth of the sanctioned strength in which case you shall be bound

Provided that, if you wish to withdraw from the Force, you may submit your resignation at any  time before the expiration of the first three months of your service, but not afterwards until the  completion of the period prescribed as aforesaid the Commandant may either accept your resignation forthwith or at the end of three months from the date of its receipt:
Provided, also, that the Commandant may, if he thinks fit, allow you to resign at any time on your giving three months notice of your wish to do so
Ajay Sethi
Advocate, Mumbai
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The penalty of dismissal, removal or compulsory retirement from service is to be awarded if a grave misconduct is proved to have been committed.

2) you have overstayed the leave granted and the period of overstayal was unauthorised absence

3) In Bhagat Ram v. State of Himachal Pradesh, AIR 1983 SC 454, the Hon'ble Supreme Court observed as follows:

"It is equally true that the penalty imposed must be commensurate with the gravity of the misconduct and that any penalty disproportionate to the gravity of the misconduct would be violative of Article 14 of the Constitution."

4) The Apex Court has again in AIR 1987 SC 2386, Ranjit Thakur v. Union of India and Ors., observed as follows :

"Recontention (d): Judicial review generally speaking, is not directed against a decision, but is directed against the "decision making process." The question of the choice and quantum of punishment is within the jurisdiction and discretion of the Court-Martial. But the sentence has to suit the offence and the offender. It should not be vindictive and unduly harsh. It should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias. The doctrine of proportionality, as part of the concept of judicial review, would ensure that even on an aspect which is, otherwise, within the exclusive province of the Court-Martial, if the decision of the Court even as to sentence is an outrageous defiance of logic, then the sentence would not be immune from correction. Irrationality and perversity are recognised grounds of judicial review.

4) in such a case the maximum penalty that could be awarded to the applicant would be stoppage of increments for some period. 

5) you overstayed your leave period on account of illness . produce medical certificate to substantiate your case that you were medically not fit to rejoin duty
Ajay Sethi
Advocate, Mumbai
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Dear Sir/Madam, medical ground can save to you and to take defence to unable to do the work hence leave the job  by way of giving resignation, and also purely depend upon terms and conditions of the CRPF recruitment rules as well as time to time amendments.
C. V. Jadhav
Advocate, Bangalore
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You should send resignation on medical  reasons, if you don't want to continue .
Overstay leave will not necessarily lead to dismissal, càn lead to  disciplinary actions
Why to invite complications, if you feel you can't continue, as once you are selected resignation on personal reasons are not entertained,you need to give a reason.so medical issues and not keeping good health is a reason .
Thresiamma G. Mathew
Advocate, Mumbai
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Hello,
1) You can send your resignation directly to the directorate without reporting back and waiting for three months, however this would be subject to service rules and penalty if any in your service contract.

2) If you do not wish to continue in service, you must certainly send in your resignation and express your willingness to comply with any condition that is antecedent.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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Your resignation may be rejected as you have overstayed the leave. Sending the resignation without reporting when you have violated the leave order would be a sure recipe for initiation of disciplinary proceedings which may entail dismissal.  Report back and then tender your resignation in accordance with law. 
Ashish Davessar
Advocate, Jaipur
18096 Answers
448 Consultations
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You have to visit your employment offer letter with regard to your resignation formalities.
The question is about serving the notice period.
If you tender the resignation from home, how do you think that you can manage the notice period?
Rule no. 16 of CRPF rules 1955 states:
The appointing authority may, during the period of initial appointment of a member of the Force appointed under 1[section 4 and 5] of the Act, permit him, for good and sufficient reason, to resign from the Force with effect from such date as may be specified in the order accepting his resignation: Provided that on the acceptance of his resignation any such member of the Force shall be required to refund to the Government all the cost of training imparted to him in the Force or a sum equal to three months’ pay and allowances, received by him prior to the date of his resignation whichever is less. Explanation.—(1) For the purpose of this sub-clause “during the period of initial appointment” shall mean the period before a member of the Force is declared quasi-permanent.

The provisions of Rule 17:
A member of the Force seeking resignation under rule 16 or discharge under rule 17 from service shall be required to refund to the Government a sum equal to three months pay and allowances received by him or her prior to the resignation or discharge, as the case may be, or the cost of training imparted to him or her in the Force, whichever is higher. Provided that in the case of a member of the force seeking discharge from service under rule 17 within the period of three months from the date of enrolment, the sum equal to three months pay and allowances shall be calculated with reference to three months pay and allowances which would have been received but for discharge: Provided further that a member of the Force tendering resignation of seeking discharge from service for accepting a job under the Central or State Governments or local bodies, after having been granted cadre clearance for the same, shall not be required to refund the sum as provided hereinabove.]

You can decide about it accordingly.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Can overstayal of leave lead to dismissal instead of removal despite overstayal of leave not being a major offence? How can medical grounds help in this regard?

Overstayal of leave can be considered as desertion. 
The law regarding desertion provided in the CRPF rules will be applicable.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
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