The Karnataka High Court dismissed an appeal filed u/s 4 of the Karnataka High Court Act, praying to allow the instant writ appeal and thereby set aside the impugned order dated 13.10.2022 passed in W.P. no. 24350/2021 and the writ petition W.P. no. 24350/2021 may kindly be dismissed. The Court observed that an employee who has submitted the resignation letter ordinarily can withdraw the same before it is accepted unless the law otherwise provides.
Brief Facts:
This intra-court Appeal seeks to call in question a learned Single Judge’s order dated 13.10.2022 whereby the 6th Respondent’s W.P.No.24350/2021 the Resolution dated 30.11.2021 has been set at naught.
Contentions of the Appellants:
The Learned Counsel for the Appellants submitted that the earlier Resolution dated 30.11.2021 which accepted the resignation of the Appellant was rightly withdrawn at the instance of the Appellant’s wife and therefore, the same could not have been set aside at the instance of the Writ Petitioner who happens to be the 6th Respondent herein.
Observations of the Court:
The Court observed that resignation is a voluntary act on the part of an employee by which he seeks to leave the service to which he is appointed. An employee who has tendered resignation voluntarily is entitled to withdraw the same before it is accepted unless the Service Rules otherwise provide. Even if the acceptance of resignation is not communicated to the employee, it makes no difference. Once the resignation is offered and the same is duly accepted by the competent authority, resignation is complete & irrevocable, subject to all just exceptions.
The Court noted that an employee who has submitted the resignation letter ordinarily can withdraw the same before it is accepted unless the law otherwise provides. But the request for such withdrawal should flow from the hands of the concerned employee himself. That is not the case here; it is the spouse of the employee who had sought the withdrawal of resignation of the employee and that too after it was duly accepted by passing the Resolution on 30.11.2021.
The Court remarked that permitting any person other than the employee to seek withdrawal of the employee’s resignation, that too without his consent, will have several undesirable consequences. If the employee himself is not willing to be in employment, how his spouse or children can cause his continuation in service, is un-understandable.
The decision of the Court:
The Karnataka High Court, dismissing the appeal, held that the writ appeal is devoid of merits.
Case Title: D Venkatesh v. The Registrar of Co-Operative Societies & Ors.
Coram: Hon’ble Justice Krishna S Dixit
Case no.: WRIT APPEAL NO. 1312 OF 2022 (CS)
Advocate for the Appellant: Mr. Devi Prasad Shetty
Advocate for the Respondent: Ms. Shweta Krishnappa
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