Resignation can be accepted on the same day it is tendered: J & K High Court

Posted On - 21 July, 2025 • By - King Stubb & Kasiva

The petitioner was a newly joined constable in the J & K Police. He barely served for 2 months before tendering his voluntary resignation citing domestic problems. The resignation was accepted on the same day by the Commandant. Aggrieved by the acceptance of resignation, the petitioner approached the tribunal, where the decision of the respondents was considered valid and the suit was dismissed. Aggrieved by the order to the tribunal, the petitioner approached J & K High Court, wherein it was observed that the resignation letter submitted by petitioner was supported by an affidavit in which the petitioner had clearly cited domestic problems as reason for such resignation. The story projected by the petitioner that he and his family were under threat from the militants to resign is an afterthought and concocted after the acceptance of the resignation. Considering this the J & K High Court dismissed the petition citing lack of merit in this WP(C) No. 1141/2023.