'Resignation During Pendency Of Inquiry Or Investigation Is Generally Not Accepted', Delhi High Court
Live LawA Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while dismissing the Petition of an Army Officer held that resignation during the pendency of inquiry or investigation could generally not be accepted regardless of whether the Petitioner was suspended or not. Following this, the Petitioner sent another Letter dated 27.04.2015 to inform the Respondents that his constant back pain did not allow him to resume duties. The Respondents issued an Office Order dated 28.05.2015 initiating a preliminary inquiry against the Petitioner for overstaying his leave from 14.03.2015 till 28.05.2015. Meanwhile, by a letter dated 06.06.2016, the SDG, J&K zone, submitted a preliminary Inquiry Report suggesting the process of resignation of the petitioner.