IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.15333 of 2010 DATE OF DECISION : NOVEMBER 08, 2010 RAJINDER SINGH ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. BS Bhalla, Advocate, for the petitioner(s). AJAI LAMBA, J. (Oral) When the matter was heard on 25.10.2010, the following order was passed:- “Challenge in this petition is to Annexure P-7 also i.e. acceptance of resignation of the petitioner. The petitioner resigned vide letter (Annexure P-6) which, prima facie, indicates that the petitioner was not happy in service and, possibly, out of frustration, submitted his resignation. Learned counsel for the petitioner contends that under Rule 14.11 of the Punjab Police Rules, 1934 Volume 2 Chapter XIV (for short 'the Rules'), the respondents could accept the resignation only on expiry of two months of submission of resignation. I have considered the contention of the learned counsel Civil Writ Petition No.15333 of 2010 2 for the petitioner. Rule 14.11 of the Rules reads as under:- “14.11. Resignation of appointment. - (1) Resignations of police officers may only be accepted by the officers empowered to appoint them. (2) An enrolled police officer who intends to resign from the police service shall give notice to that effect in writing and ordinarily shall not be permitted to withdraw himself from duty until two months have elapsed from the date on which his resignation was tendered:- Provided that the Superintendent may, at his discretion, allow a Head- Constable or Constable to credit to Government two months’ pay in lieu of notice. (3) Ordinarily a Head Constable or Constable who has agreed to serve for three years shall not be permitted to resign within that period. (4) Probationary Inspectors, Sergeants, Sub- Inspectors and Assistant Sub- Inspectors of Police, whose appointments involve training at the Police Training School, Phillaur, shall not be permitted to resign within three years of the date of their appointment.” A perusal of sub-rule (2) of Rule 14.11 of the Rules, extracted above, indicates that an enrolled police officer who intends to resign from police service is required to give notice, in writing. The said police officer, however, shall not be permitted to withdraw himself from duty until two months have elapsed from the date on which his resignation was tendered. The provision does not anywhere provide that the official respondents/employer can accept the resignation only after expiry of period of two months of submission of resignation. The Rule only applies to the police officer who wants to resign. The purpose of the Rule appears to be that in view of the nature of duties of a police officer, he cannot be allowed to withdraw from service immediately on tendering the resignation until and unless the concerned senior authority deputes some other person instead. Prima facie, Civil Writ Petition No.15333 of 2010 3 therefore, I do not find any strength in the argument of the learned counsel for the petitioner. Learned counsel for the petitioner at this stage, however, seeks an adjournment. Adjourned to 08.11.2010.” Learned counsel for the petitioner contends that let the petition be dismissed as withdrawn as provision in the rule does not favour the case of the petitioner. Dismissed as withdrawn on the statement of the learned counsel for the petitioner. November 08, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?