Can IAS officer rejoin the service after Resignation?

KASHMIR: A year and a half after he resigned from the Indian Administrative Service (IAS) in protest against the “unabated” killings in Kashmir, Shah Faesal this week stepped down as president of the party he founded, the Jammu and Kashmir People’s  Movement (JKPM), and also quit politics altogether.

TO WHOM THE RESIGNATION IS SUBMITTED?

An officer serving in cadre (state) should submit his/her resignation to the chief secretary of the state. An officer who is on central deputation is required to submit his/her resignation to the secretary of the concerned Ministry or Department.

PROCESS AFTER THE RESIGNATION IS SUBMITTED

While dealing with the resignation, the state sees if there are any dues outstanding against the officer, and the vigilance status of the officer. Before forwarding the resignation to the central government, the concerned state is supposed to send information on these two issues, along with its recommendation.

The resignation of the officer is considered by the competent authority, i.e., the central government, Only after the recommendation of the concerned cadre has been received.

WHEN THE RESIGNATION IS ACCEPTED?

The guidelines say that it is not in the interest of the government to retain an unwilling officer. As per the guidelines, resignation of a member from service is accepted, except in the following circumstances:- Where an officer who is under suspension, submits a resignation, the competent authority should examine with reference to the merit of the disciplinary case pending against the member of service, whether it would be in the public interest to accept the resignation.

There have been cases in which resignations were rejected because there were disciplinary cases pending against officers. In such cases, concurrence of the Central Vigilance Commission is also obtained.

CAN A RESIGNATION BE WITHDRAWN AFTER IT HAS BEEN ACCEPTED?

The rule was amended in 2013 to allow a resignation to be withdrawn within 90 days of its acceptance. Rule 5(1A)(i) says the central government may permit an officer to withdraw his/her resignation “in the public interest”.

However, “Request for withdrawal of resignation shall not be accepted by the Central Government where A member of the Service resigns from his/her service or post with a view to be associated with any political parties or any organisation which takes part in politics, or to take part in, or subscribe in aid of, or assist in any other manner, any political movement or political activity or to canvass or otherwise interfere with, or use his/her influence in connection with, or take part in, an election to any legislature or local authority.”

CAN A RESIGNATION BE WITHDRAWN WHEN IT HAS NOT BEEN ACCEPTED?

The guidelines say that if an officer who has submitted his/her resignation sends an intimation in writing to withdraw it before its acceptance by the competent authority, The resignation will be deemed to have been automatically withdrawn.

SHAH FAESAL CASE

Shah Faesal resigned on January 9, 2019, but his resignation is yet to be accepted.

The DoPT website still shows him as a

“serving” officer. So yes, he can withdraw his resignation at any time and rejoin the service.