Employer Can Accept Resignation Letter On Same Day, Need Not Wait For Expiry Of Notice Period: J&K High Court

The Jammu & Kashmir High Court upheld the dismissal of a police constable holding that there was no bar in accepting the resignation on the same day on which it was tendered, rather than treat it as 'intention to resign' and wait for a two-month notice period to expire before accepting it.

The petitioner had challenged the dismissal on the ground that the department had to wait for 2 months before accepting the resignation and the same was also given by the petitioner under coercion.

A bench of Justices Sanjeev Kumar and Vinod Chatterji Koul observed that it seems that the petitioner was never interested in serving as a Constable in the J&K Police and, therefore, within two months of his being on active duty, resignation was tendered, which was validly accepted by the authorities on the same day.

The court also observed that "story projected by the petitioner for tendering his resignation is an afterthought and concocted after the acceptance of the resignation”

The court noted that there was no documentary evidence, representation, or prior intimation to superiors suggesting any such threat. Instead, the petitioner had formally cited domestic problems in his resignation affidavit.

The Court found that the resignation was voluntary, supported by an affidavit citing domestic issues, and accepted by the competent authority on the same day.

The court further noted that the petitioner's conduct during his training at STC Talwara was unsatisfactory, as he remained absent twice and was even censured. After training, he performed active duty for only two months before resigning.

The court further stated that “It seems the petitioner was never interested to serve as Constable in the J&K Police,”

The counsel for petitioner had relied on Section 10 of the J&K Police Act, 1983, which requires a two-month notice for resignation unless permission is granted by a superior. However, the Court clarified that the Commandant had the authority to accept the resignation forthwith, which was exactly what had happened.

The division Bench, while affirming the decision of the Central Administrative Tribunal (CAT), ruled that there was no procedural or legal flaw in the acceptance of the petitioner's resignation and dismissed the writ petition for lack of merits.

The court therefore dismissed the petition holding there was no merit in the said petition.

APPEARANCE

Mr. Aswad Attar, Advocate For Petitioner

Mohsin Qadiri, Sr. AAG with Ms. Maha Majeed, AC, Advocate For Respondents

Case-Title: Bilal Ahmad Yatoo vs UT of J&K 

Citation: 2025 LiveLaw (JKL) 231

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