Published on: 15 August 2023 at 11:27 IST
Court: Supreme Court
Citation: Sanjay Jain V. National Aviation
Honourable Supreme Court of India has held that “Resignation” means the spontaneous relinquishment of one’s own right and in relation to an office. In order to constitute a complete and operative resignation there must be the intention to give up or relinquish the office and the concomitant act of its relinquishment.
It is held that the act of relinquishment may take different forms or assume a unilateral or bilateral character, depending on the nature of the office and the conditions governing it. It is held that act of relinquishment is of bilateral character and resignation of an employee is effective only on acceptance of the same by the employer. The resignation of Government Servant specifically requires an acceptance from the Government before it can become effective in its nature.
15. In view of the aforesaid enunciation of law and on consideration of the provisions contained in Standing Order 18 in the facts and circumstances of the case, we are of the opinion that the appellant has rightly terminated the relationship by serving the requisite notice for resignation. To resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services. Thus, we are of the opinion that the High Court has erred in law in holding otherwise.
Drafted By Abhijit Mishra
