Shah, J. - (1.) The appellant belonged to the Indian Administrative Service and was in August 1964 posted as Collector and District Magistrate, Kota. On August 21, 1964, he addressed a letter to the Chief Minister, Rajasthan, setting out several grievances and finally stated - "In conclusion I would only request that the Government may do me the kindness of accepting my resignation from the service which I am submitting separately as I am convinced that it would be impossible to continue in such an atmosphere without being humiliated from time to time". He also addressed a letter dated August 30, 1964, to the Chief Secretary to the Government of Rajasthan submitting his resignation "from the Indian Administrative Service for early acceptance", and requested that it may be forwarded to the Government of India with the remarks of the State Government. The State Government recommended that the resignation be accepted. On October 31, 1964, the Government of India accepted the resignation of the appellant and requested the Chief Secretary to the Government of Rajasthan "to intimate the date on which the appellant was relieved of his duties so that a formal notification could be issued in that behalf."
(2.) After some time the appellant changed his mind and by letter dated November 27,1964, the appellant requested the Chief Secretary to the Government of Rajasthan to recommend "acceptance of the withdrawal" of his resignation from the Indian Administrative Service. He also addressed a separate letter to the Secretary to the Government of India, Ministry of Home Affairs, intimating that he was withdrawing his resignation from the Indian Administrative Service. On March 29, 1965, an order accepting the resignation of the appellant from the Indian Administrative Service was issued and the appellant was directed to hand over the charge to the Additional Collector, Kota. The appellant then moved a petition in the High Court of Punjab at Delhi for the issue of a writ of certiorari calling for the record of the case and quashing the order passed by the Government of India accepting the resignation of the appellant, and also quashing the order dated March 29, 1965 issued by the State of Rajasthan. The High Court rejected the petition holding that the resignation became effective on the date on which it was accepted by the Government of India, and a subsequent withdrawal of the resignation was ineffective, even if acceptance of the resignation was not intimated to the appellant.
(3.) In this appeal, with certificate granted by the High Court, counsel for the appellant contends that the appellant could, so long as acceptance of the resignation was not communicated to him, withdraw the resignation submitted by him. Counsel invited our attention to a circular memorandum issued on May 6, 1958, under the signature of the Deputy Secretary to the Government of India, Ministry of Home Affairs, setting out the procedure to be followed in dealing with resignation from service. Clauses (c) and (d) of the circular stated: (c) "The competent authority should decide the date with effect from which the resignation should become effective. In cases covered by (b) (i) above, the date would be that with effect from which alternative arrangements can be made for filling the post. Where an officer is on leave, the competent authority should decide whether he will accept the resignation with immediate effect or with effect from the date following the termination of the leave. Where a period of notice is prescribed which a Government servant should give when he wishes to resign from service, the competent authority may decide to count the period of leave towards the notice period. In other cases also it is open to the competent authority to decide whether the resignation should become effective immediately or with effect from some prospective date. ********** " (d) "A resignation becomes effective when it is accepted and the officer is relieved of his duties. Where a resignation has not become effective and the officer wishes to withdraw it, it is open to the authority which accepted the resignation either to permit the officer to withdraw the resignation or to refuse the request for such withdrawal. Where, however, a resignation has become effective, the officer is no longer in Government service and acceptance of the request for withdrawal of resignation would amount to re-employing him in service after condoning the period of break. ********** " Counsel says that under the instructions issue by the Government of India resignation of an officer from service becomes effective after it is accepted and the officer is relieved of his duties and not till then. But the circular letter has no statutory force. It is not a rule made under Art. 309 of the Constitution. It contains merely instructions set out by the Ministry of Home Affairs about the procedure to be followed in respect of resignation from service. Our attention has not been invited to any statutory rule or regulation relating to resignation by members of the Indian Administrative Service, especially as to the date on which the resignation becomes effective.;