Resignation from Service

Resignation from Service 

Resignation from Service

                         Today in this article we are going to discuss a very-very important issue which is "Resignation from Service". Every employee is familiar with this term but every employee becomes confused when he has to deal case regarding it or he himself wants to give Resignation from Service. Many things come into the mind of an employee like:-

• How he can resign from service?
• What is the time limit to submit resignation?
• Does he have to deposit a salary for Resignation from Service?
• Who will accept resignation?
• Can anyone withdraw the resignation?
• From which date resignation become effective?

                     To overcome the difficulties faced by employees, the Government of Punjab has decided to frame a policy on various aspects of resignation from service in a consolidated form taking into account the instructions issued in this behalf from time to time by the Government of India and up to date circumstances. The instructions by letter no. 196-(GOI)-2SH-74/44174 dated 09-01-1975, are therefore issued for deciding such cases. let's discuss these instructions:-

Resignation from Service- In case of permanent Government employees:- 

Para 2(a) of these instructions clarified that Rule 5.9 of the Punjab Civil Services Rules Volume II lays down that normally a notice of three months is to be given to a permanent government employee before his services are dispensed with on the abolition of his post. There is, however, no corresponding rule laying down the period of notice to be given by a permanent government employee tendering his resignation from service. Thus, the resignation of a permanent government employee becomes legally effective only when it is accepted by the competent authority. It is, therefore, not open to a permanent government employee to tender his resignation and quit service forthwith or at any time afterwards till his resignation is accepted and he is relieved of his duties. It is for the competent authority to decide, on receipt of a letter of resignation from a permanent government employee, whether or not to accept the resignation.

Resignation from Service- In case of temporary Government employees:-

As per Para 2(b) of the instructions, In the case of temporary government employees, the Government is generally in favor of a reciprocal relationship between themselves and their employees in the matter of notice period. Rule 2.4(b) of the Punjab Civil Services Rules Volume II, lays down that a notice of one month is to be given to a temporary government employee before his services are dispensed with. Similarly, a temporary government employee shall be required to give one month's notice, while submitting his resignation. In either case, if the notice period falls short of one month, the gap is to be made good by the payment of pay and allowances for the period by which the notice period falls short of one month.

Time limit to accept Resignation from Service by authority:-

Point number 3 of the instructions clarify that Within the ambit of Rules referred to above the decision to accept the resignation should be taken as early as possible and in any case not later than three months the case of permanent Government employees, and one month in the case of temporary government employees, both from the date of receipt of a letter of resignation by the competent authority. The rationale of this policy is that it will not be in the interest of the Government to retain by compulsion the services of a reluctant employee.

Resignation from Service in case of Government employee whose conduct is under inquiry and/or Suspension.

                    As per serial number 4, In order to have a safeguard against possible evasion by the stratagem of submission of resignation, it is necessary to observe the following policy:-

                    Where an inquiry or investigation, whether preliminary or regular, is pending against a Government employee (whether he has been placed under suspension or not) and he submits his resignation, such resignation should not normally be accepted until he is cleared of the charges. Where, however, the acceptance of resignation in such a case is considered necessary in the public interest, because one or more of the conditions stated below are fulfilled, the resignation may be accepted with the prior approval of the Head

of the Department in the case of holders of Class III and IV posts and that of the Government in respect of holders of Class I and II posts:— 

(i) where the allegation/charges do not involve moral turpitude; or

(ii) where the evidence against the delinquent Government employee is not strong enough

to raise the presumption that if the departmental proceedings were continued the Government employee would likely to be removed or dismissed from service; or 

(iii) where the departmental proceedings are likely to be so protracted that it would be in the public interest to accept the resignation.

Authority competent to accept Resignation from Service 

The appointing authority in respect of service or post in question is the authority competent to accept the resignation of the Government employee concerned.

Date from which resignation becomes effective

In the case of permanent Government employees the resignation will take effect from the date it is accepted becomes by the competent authority and the employee is relieved of his duties, while in the case of temporary government employee it would take effect from the date on which one month's notice expires or earlier from the date to be determined by the Department keeping in view the number of days for which the employee deposits the salary in lieu of notice period.

Authority to competent to permit withdrawal of Resignation

As per serial no. 8 of the instructions, a resignation becomes effective when it is accepted and Government employee is relieved of his duties. Where a resignation has not become effective and the Government employee wishes to withdraw it, it is open to the authority which accepted the resignation to refuse the request for such withdrawal.

Click to download instructions No. 196-(GOI)-2SH-74/44174 dated 09-01-1975

TECHNICAL RESIGNATION