The Jammu and Kashmir and Ladakh High Court has made it clear that a police officer cannot resign from service without either getting permission from the Superintendent of Police (SP) or giving a prior notice of at least two months.
“A police officer is not permitted to resign without the leave of the Superintendent unless he has given a prior notice of not less than two months of his intention to resign,”
— J&K High Court
Read Also:- Allahabad High Court Seeks Bar Views on Declaring 12 Non-Working Saturdays as Working Days
This ruling came while dismissing a petition filed by Bilal Ahmad Yatoo, a former Constable of the Jammu and Kashmir Police. The Division Bench of Justices Sanjeev Kumar and Vinod Chatterji Koul upheld the earlier decision of the Central Administrative Tribunal, Srinagar Bench, which had rejected Yatoo’s request for reinstatement.
Yatoo had joined the police force in 2016 and was undergoing the Basic Recruitment Training Course. During the training, he remained absent twice and received a censure for his conduct. After completing his training, he requested 40 days of earned leave, of which only 20 were approved. He then worked for only two months before submitting a voluntary resignation, citing domestic problems in an affidavit. The resignation was accepted the same day by his Commandant.
Read Also:- No Probation for Food Adulteration Offences Committed Between 1976 & 2006: Supreme Court Clarifies
Yatoo later approached the Tribunal, claiming his resignation was not voluntary but forced by threats from militants. He also argued that his resignation should not have been accepted immediately, as per Section 10 of the Police Act, 1983, which requires a two-month notice.
However, the High Court found no proof to support his claims. It noted that Yatoo had submitted an affidavit stating domestic issues as the reason for leaving the job. The claim of being forced by militants was found to be an afterthought, with no evidence such as complaints or communication with superiors at the time.
“…The petitioner was never interested to serve as Constable in the J&K Police… He remained absent during training and resigned within two months of joining duty,”
— J&K High Court Observation
On the issue of notice period, the Court examined Section 10 of the Police Act which states:
“No Police Officer shall be at liberty to withdraw himself from the duties of his office...without the leave of the Superintendent...or unless he shall have given to his superior officer notice in writing, for a period of not less than two months, of his intention to resign.”
Read Also:- Supreme Court Orders Strict Fines for Illegal Tree Felling in Taj Trapezium Zone, Up to Rs.25,000 Per Tree
The Court said that while the law requires a two-month notice, it does not prevent the Superintendent or Commandant from accepting a resignation earlier if they choose to do so.
“...there was no requirement of treating his resignation as his 'intention to resign' and wait for two months to expire... The resignation was accepted the same day, and that amounts to a waiver of the notice requirement,”
— Court Reasoning
In the end, the High Court ruled that Yatoo’s petition had no merit and dismissed it accordingly.
Judges: Justice Sanjeev Kumar and Justice Vinod Chatterji Koul
Case Title: Bilal Ahmad Yatoo Vs UT of J&K
