Ganesh Singh vs State Of Uttarakhand & Ors.

Petitioner is a police constable with the respondent-department and during relevant time, he was posted at CBCID, Haldwani; he proceeded on a Casual Leave of 5 days but before he could join his duties, he met with a serious accident causing spinal injury which prevented him from joining his duties and he proceeded on Medical Leave. He was under treatment in District Government Hospital, Almora and thereafter in several other hospitals including Sushila Tiwari Medical College Hospital, Haldwani. He was not in a position to join the service and he is still on Medical Leave.

Due to aforesaid physical condition, petitioner moved application for resignation on 02.06.2026 to respondent No.5-Senior Superintendent of Police, District Udham Singh Nagar, where he was transferred in between. The said application for resignation is kept undecided by the authorities and the respondent No.5 is insisting upon the petitioner to join his duty for acceptance of his resignation letter. Petitioner’s condition is so precarious that he cannot join his duty with respondent No.5 and therefore, he filed the present writ petition seeking a direction to respondent No.5 to accept his resignation letter.

This Court vide order dated 01.09.2026 asked learned State Counsel to get instruction in the matter. Today, learned State Counsel passed on to this Court written instruction dated 05.09.2026, which is taken on record.

In the said instruction, it is stated that departmental proceeding is underway against the petitioner for his absence from duty and therefore, an order can be passed in respect of petitioner after conclusion of departmental proceeding.

I have perused the medical documents annexed by the petitioner in the writ petition. Petitioner’s condition is not fit to join the duty, and therefore, he proceeded to Medical Leave, which is yet to be sanctioned by the department. This absence from duty cannot be said to be willful absence by petitioner, and therefore, the stand taken by the police department appears to be fallacious. Petitioner is employee of the department and in such a situation, where he met with a serious accident which resulted into spinal injury, he should be dealt with sympathetically by the police department. Petitioner has moved resignation from service given his physical condition and that should be considered by respondent No.5 sympathetically once the petitioner submits medical certificate to respondent No.5 for sanction of medical leave.

Accordingly, the writ petition is disposed of finally. Petitioner shall submit the medical certificate for sanction of Medical Leave to respondent No.5 within 15 days from today and if the medical certificate is submitted by petitioner within 15 days from today, respondent No.5 shall take decision upon the application of resignation dated 02.06.2026 within two weeks from the date of receipt of medical certificate after sanctioning the Medical Leave, in accordance with law.

Pending application stands disposed of.