SRINAGAR, June 12: High Court has held that the employer can accept the resignation of the employee on the same day and there is no need to wait for the expiry of the notice period.
The High Court while dismissing the plea of a Police constable who had challenged his dismissal on the ground that the department had to wait for 2 months before accepting the resignation and the same was also given by the petitioner under coercion.
The division bench of Justice Sanjeev Kumar and Justice V C Koul while holding the resignation and dismissal of cop from service as valid said that there was no bar in accepting the resignation on the same day on which it was tendered, rather than treat it as intention to resign and wait for a two-month notice period to expire before accepting it.
The court observed that the petitioner was never interested in serving as a Constable in the J&K Police and, therefore, within two months of his being on active duty, resignation was tendered, which was validly accepted by the authorities on the same day.
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