Dr. Madhurjya Bhattacharyya vs Union Of India & Ors.

H.S. Thangkhiew, J

This matter was specially fixed today to allow Dr. N.Mozika, learned DSGI to come forth with instructions in the matter.

Today, the learned DSGI has placed before the Court the Assam Rifles Act and accompanying Rules to show that resignation will be subject to Rule 27 wherein at Sub-Rule 3 thereof, situations have been given wherein the Central Government may refuse to permit an Officer to resign. It has been further submitted that the acceptance of a resignation also has to be by the prescribed authority. He submits that the resignation of the writ petitioner having not been considered as yet by the prescribed authority, he may be allowed to bring on record the instructions which have been placed today by way of an affidavit.

Mr. R.Singha, learned counsel for the petitioner has vehemently argued that by the application of the CCS Pension Rules, there can be no impediment to the application for resignation of the writ petitioner. He further submits that the resignation is not sought to be made effective within the bond period, but is for a future date. He therefore, prays that at this stage itself, the respondents be directed to issue an NOC which will enable the petitioner to present the same before the NEIGRIHMS as today is the last date allowed for submission of NOC.

This Court has heard the learned counsel for the parties and also examined the materials which have been placed. On examination of the order impugned and as concurred by the learned counsel, it appears that the same has been issued by the DIG DIR (Med), who is not the competent or prescribed authority to consider the application of resignation of the writ petitioner. In fact, it is noted that the said impugned letter will only be part of the materials which have been placed for consideration before the competent authority, inasmuch as, another communication issued by another DIG (Med Supdt) recommends the petitioner’s application for resignation. On a query from the Court as to who is the competent authority, the learned counsel for the petitioner has categorically submitted that it is the Director General Assam Rifles, whereas Dr. N.Mozika, learned DSGI has maintained that the same has to go for consideration before the Ministry of Home Affairs which does not answer the query.

In the considered view of this Court, the matter cannot be effectively adjudicated presently even for consideration of the interim prayer. It is therefore directed that the respondents file an affidavit within 3(three) days to clarify the matter.

List this matter on 29-04-2025 for further orders.