Prayagraj, November 13: The Allahabad High Court has ruled that any police officer in Uttar Pradesh who wishes to resign must provide the department with the mandatory two-month notice period, as required under Regulation 505 of the Uttar Pradesh Police Regulations, along with the Police Act, 1961.
Justice Vikash Wednesday stated that failure to comply with the above provisions would render the resignation defective.
Petitioner Ajit Singh was appointed as a constable in the Delhi Police in 2010 and later as a sub-inspector in the Uttar Pradesh Police in 2017. Subsequently, he requested medical leave to rejoin the Delhi Police. His resignation was accepted, and recovery of his training expenses was initiated.
Subsequently, the petitioner sought to withdraw his resignation, arguing that the absence of the mandatory notice period would render his application defective and his resignation invalid. However, this request was rejected, and the rejection order was challenged in the High Court.
The Court held that, based on a combined reading of Section 9 of the Police Act and Section 505 of the Uttar Pradesh Police Regulations, no officer can resign from his or her post without the express permission of the District Superintendent of Police unless he or she has communicated his or her intention to resign in writing to his or her superior officer.
The Court further stated that under these provisions, it is the officer’s duty to provide two months’ notice of his or her intention to resign.
Justice Vikas Budhwar stated, “When the notice was defective and inconsistent with the provisions contained in Section 9 of the Police Act, read with Regulation 505 of the Police Regulations, it could not be considered.”
The Court also cited the Allahabad High Court’s decision in Dinesh Kumar vs. Commandant 15th Battalion, stating that the purpose of the two-month notice period is twofold: (1) to give the employer time to make alternative arrangements and (2) to provide the employee an opportunity to reconsider his or her resignation.
Furthermore, the Court noted, the first provision of Regulation 505 of the Police Regulations also makes it clear that a resignation can only be accepted by the authority after the expiration date of the notice, not before. This means that a police officer seeking to resign must provide two months’ notice. Furthermore, Regulation 505 of the Police Regulations adds the additional caveat that his resignation cannot be accepted until he has fully repaid his debts.
The Court held that the petitioner’s resignation in the present case was also conditional. By letter dated December 28, 2018, the petitioner had resigned and sought reinstatement in the Delhi Police Force. It held that such a resignation did not fall within the scope of Section 9 of the Police Act or the relevant regulations.
Furthermore, the Court stated that a resignation by an officer can only be accepted after the expiry date of the notice period, not before. Finding that the above conditions were not met in the present case, the Court granted the petition, and the petitioner was reinstated as a Sub-Inspector.