No.28034/25/0
-
i(A)
,G1Vverntent of India/Bharat Sarkar
Ministry of Personnel,Public Grievances &Rensions
SrritkaYatiratha Pension Mantralaya)
Department of Personnel & Training
(Karmik Aur Prasikshan Vibhag)
"oe••••••
n
•
n
New Delhi, the
It
Feb.,1988
OFFICE. MEMORANDUM
Subject:, Resignation from Service - Procedure in respect of
The undersigned is directed to state that
instructions have been issued from time to time on the above
subject. These instructions have now been consolidated for
facility of reference and guidance of all the Ministries/
Departments of the Government of 7ndia.
1.
Resignation is an intimation in writing sent to
the competent authority by the incumbent of a post, of his
intention.or proposal to resign the office/post either
Immediately
or
from a future specified date.
A
resignation
has to be
clear
and unconditional.
2.
▪
It is not in the interest of Government to retain
an unwilling Government servant in service. The general
rul.q,
therefore, is that a resignation of a Government servant from
service should be accepted, except in the circumstances
indicated below
(i)
Where the Government servant concerned is
engaged on work of importance and it wou:lia
•
take time to make alternative arrangemeRts
for filling the post, the resignation
should
not be accepted straightway but only
when
alternative arrangements for filling the
post have been made.
•
(ii)
Where a Government servant,
who is under
suspension submits a resignation the
competent authority should examine,
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reference to the merit of the discip4fl
.
case pending against the Government
whether it would be in the public
Format
of
-
resin
Circum-
stances
under
which
resigna-
tion
should
be
accepted
e
t
rest,
accept the resignation. Normally( ap
Government servants are placed under',
suspension only in cases of grave
it
would not be correct to accept
a
resignation from a Government servant lapiclp
suspension. Exceptions to this
rule
would be where the alleged offences
do pp'
involve moral turpitude or where the
gUoapt
of evidence against the accused GoveFnmep
servant is not strong enough to justify
f4pt
assumption that if the departmental
pry
were continued, he would be removed or
dismissed from service, or where the
departmental proceedings are likel/ io 1Dp
protracted that it would be cheapet
th
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4.
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2
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the public exchequer to accept the resignation.
In thoie cases where acceptance of
resignation is considered necessary in the
public interest, the resignation may be
accepted with the prior approval of the Head
of the Department in respect of Group'C' &
I
D"
posts and that of the Minister in charge in
respect of holders of Group'A' and 'B' posts. In
so far as Group'B' officers serving in Indian
Audit and Accounts Department are concerned, the
resignation of such officers shall not be accepted
except with the prior approval of the Comptroller
and Auditor General of India. Concurrence of the
Central Vigilance Commission should be obtained
before submission of the case to the Minister in
charge/Comptroller and Auditor General, if the
Central Vigilance Commission had advised initiation
of departmental action against the Government servant
concerned or such action has been initiateff pin the
advice of the Central Vigilance Commission.
3.
A resignation becomes effective when it is accepted
and the Goverment servant is relieved of his duties. If a
Government servant who had submitted a resignation, sends an
intimation in writing to the appointing authority withdrawing
his earlier letter of resignation before its acceptance tv
the appointing authority, the resignation will be deemed to
have been automatically withdrawn and there is no question of
accepting the resignation. In case, however, the resignation
had been accepted by the appointing authority and the
Government
-
servant is to be relieved from a future date, if
any request for withdrawing the resignation is made by the
Government servant beforahe is actually relieved of hiS
duties, the normal principle should be to allow the reques-a
of the Government servant to withdraw the resignation. Iff
however, the request for withdrawal is to be refused, the
grounds for the rejection of the request should be duly
recorded by the appointing authority and suitably int;thlated
to the Government servant concerned.
0
Rules
4.
Since a temporary Govt. servant can sever his
croverning• connection from Govt. service by giving a notice of terminat-
temporary ion of service under Rule 5(1) of the Central Civil Serv,ices.
Government
(Ts)
Rules,1965, the instructions contained in this Office
servants_ Memorandum relating to acceptance of resignation will not be
applicable in cases where a notice of termination of service
has been given by a temporary Govt. servant. If, however, a
/refer
temporary Govt- servant submits a letter of resignation in
to Rule
which he does not/even mention that it may be treated as a
5(1)of
notice of termination of service, he can relinquish the
the CCS
charge of the post held by him only after the resignation
(TS) Rules,
is duly accepted by the appointing authority and he Is
1965,or
relieved of his duties and not after the expiry of the
does not
notice period laid down in the Temporary Service Rules.
•
•
for withdrawal
of the resignation
has been made as
as a result
a•
Withdrawal 5.
The procedure for withdrawal of resignation
of resig- after it has become effective and the Government servant
nation - had -relinquished the charge of. his earlier post, are
•
stAptory ' governed by the following
stAitry provisions
in sub-rules
rule
. ,
(4) to (6) of Rule 26 of the CCS(Pension) Rules,1972. which
regUaating--corresponds to Art. 418(b) of the Civil. Service Regulatiors:-
.
,caes of
withdrawal
of resingation
from Govt.
service
"(4) The
appointing
authority may permit a
person to withdraw his resignation in the public
interest On the following conditions, namely :-
(i)
that the resignation was tendered by the
Government servant for some compelling reasons
which did not involve any reflection on his
integrity, efficiency or conduct and the requestZ
of a material change in the circumstances
which originally compelled him to tender the
resignation;
(ii)
that during the .period intervening between
the date on which the resignation became
effective and the date from which the request
for withdrawal was made, the conduct of the
person concerned was in
ro way improper,
_
(iii) that the period of absence from duty
between the date on which the resignation.became
effective and the date on which the person is
allowed to resume duty as_ a result of permission
to withdraw the resignation is not more than ninety
days;
(iv) that the post, which was vacated by the
Government servant on the acceptance of his
resignation or any other comparable post, is
available.
(5)
Request for withdrawal of a resignation
shall not be accepted by the appointing
authority where a Government servant resigns
his :ervice or post with a view to taking
up
an appointment in or under a private commercial
company or in or under a corporation or company
wholly or substantially owned or controlled
by the Government or in or under a body' controlled
or financed by the Government.
(6)
When an order is passed by the appointing
authority allowing
a person
to withdraw his
'resignation and to resume duty, the ordef
/
shall
be deemed to include the condonation of
interruption in service but the period
/
of
interruption shall not count as qualifying
service."
.../:
1,"
6.
Since the CCS(Pension) Rules,1972 are atplica2z,le
.only to holders of permanent posts, the above provisions
• upuld apply only in the csse of a permanent Government
servant who had'resigned his post. The'cases of withdra
,
wal,
of resignation of permanent Government servants which
involve relaxation of any of the provisions of the above
rules will need the concurrence of the Ministry of
Personnel,Public Grievances and Pensions, as per Rule 88
of the CCS(Pension) Rules,1972.
Withdrawal
7.
• Cases of quasi-permanent Government servants
Of resignat- requesting withdrawal of resignation submitted by them
ion by
•
would be considered by the Department of Personnel and
Quasi-
Training on merits.
permanent Govt.
servants.
Release
of Govt.
servants
for
appoint-
ment in
Central
'Public
Enterprises.
When
resignation
a technical
formality.
8.
A Government servant who has been selected
far
a post in a Central Public enterprises/Central autonomous
body may be released only after obtaining and accepting
his resignation
-
from
-
the Government
service.
-
Resignatijn
from Government service with a view to secure employment
in a Central public enterprise with proper permission will
not entail forefeitrue of the service for the purpose of
retirement/terminal benefits. In such cases, the Government
servant concerned shall be deemed to have retired from
service from the date of such resignation and shall be
eligible to receive all retirement/terminal benefits as
admissible under the relevant rules applicable to him In
his parent organisation.
9.
In cases where Government servants apply for
posts in the same or other departments through proper
channel and on selection, they are asked to resign thc
previous posts for administrative reasons, the benefit
of past service may, if otherwise admissible under
rules.
be
given for purposes of fixation of pay in the new post
treating the resignation as a 'technical formality'.
( S.K.Parthas
rathy)
Joint Secretary to the Govt. f India
To
All Ministries/Departments of the Govt. of India
Yew Delhi,dt.
Feb.
•198S
No. 28034/25/87-Estt(A)
Copy forwarded to :
1.
Central Vigilance Commission,
Prasad Road, •lew Delhi.
•
2.
Comptroller & Auditor General of India.
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3.
Secretary,UPSC, New Delhi.
4.
Lok 1Sabha/Rajya Sabha Secretariat, New Delhi.
5.
Commissioner
for
Linguistic Minorities
/
11,-,/
6.
All Accountant/General of States.
7.
Director of
Audit C .R., AGCR, Building, New Delhi.
8.
Director
of Audit,
Commerce, Works & Miscellanceous,
IP Estate, New Delhi.
9.
All the attached and
Subordinate Offices of MHA
and Ministry of Personrel,Public
Grievances
and
Pensions.
16.
All Union
Territory
Administrationf.
( V.K.Cherian)
Desk Officer
Copy to :-
PS to Secretary/J8(E)/bir
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