Conditional Letter Of Resignation Cannot Be Accepted Without First Informing The Employee That Condition Is Not Accepted: Gauhati HC

The Court said that a letter of resignation can be accepted only when it is clear, unambiguous, unequivocal and not conditional.

The Court was hearing a Writ Petition against the order issued by the Deputy Inspector General who accepted the resignation of the Petitioner. The Petitioner prayed for a direction to respondent authorities to constitute a Medical Board for examination of his disease and then allow him to go on retirement on medical grounds since he has already completed the required qualifying service.

The bench of Justice Kardak Ete observed, “There cannot be any disagreement to the proposition of law that the letter of resignation must be unambiguous. The resignation can be accepted only when it is clear, unambiguous, unequivocal and not conditional. If a letter of resignation is coupled with condition, same cannot be accepted by the authority without first informing the employee that the condition put forth by him cannot be accepted.”

Advocate R. Gogoi appeared for the Appellant and Advocate G. Pegu appeared for the Respondent.

Brief Facts-

The Petitioner, a Constable in the CRPF due to his deteriorating health, requested the formation of a Medical Board to assess his condition or accept his resignation. He informed the authorities that he had been diagnosed with an incurable P3(P) disease. However, the authorities accepted his resignation without forming a Medical Board and discharged him from service without any entitlement to retirement benefits.

The Court noted that though the resignation letter has mentioned the constitution of the Board for medical examination, an option has been given that his resignation be accepted otherwise.

The Court said that no case has been made out for interference to the impugned acceptance of resignation of the petitioner and his discharge from service.

Finally, the Court dismissed the Writ Petition.