As per the instructions of the Government of India [O.M. No. 28034/4/94-Estt. (A) dated 31/05/1994 of the M/o Personnel, PG and Pensions, Department of Personnel & Training], on the subject of acceptance of resignation of officials against whom departmental inquiry or investigation is pending (whether he had been placed under suspension or not), such resignation should not normally be accepted. Where, however, acceptance of resignation is considered necessary, in the public interest, the competent authority shall examine the case with reference to the merits of the disciplinary case pending against the Government servant, whether it would be in the public interest to accept the resignation. If the Government servant is facing the charge of a grave delinquency, it would not be correct to accept a resignation from him. Exceptions to this rule would be where the alleged delinquency does not involve moral turpitude or where the quantum of evidence against the delinquent Government servant is not strong enough to justify the assumption that if the departmental proceedings were continued, he would be removed or dismissed from service, or where the departmental proceedings are likely to be so protracted that it would be cheaper to the public exchequer to accept the resignation.
In your case, you have stated that the charge against you is that of absence from duty without permission of the authority. This charge does not involve moral turpitude. Moreover, the charge is such that removal and dismissal from service may not be the only punishment in such situation; there may be a lesser punishment also. So, you may try submitting your resignation to the competent authority. You can convince your competent authority with regard to the above instructions of the Government of India by showing that your case falls under the situation where such resignation may be accepted.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
