Supreme Court of India · 2014-07-21
Union Of India & Ors vs Hitender Kumar Soni
- Citation / case number
- AIR 2014 SUPREME COURT 3574
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- Hitender Kumar Soni
- Author
- Shiva Kirti Singh
- Bench
- Shiva Kirti Singh, Vikramajit Sen
Judgment text excerpt
The Supreme Court held that the acceptance of resignation by the Government does not become effective unless the employee is relieved of their duties, as per Clause (4) of the Office Memorandum dated 11.2.1988. The Court found that the High Court correctly reinstated the Respondent, as the resignation was not effective due to the lack of relief from duties. The Court upheld the High Court's order directing the Government to determine the Respondent's leave, pay, and service benefits upon reinstatement, emphasizing the necessity of following procedural requirements for resignation.