SC on Withdrawal of Resignation Once Accepted & Acted Upon
The Supreme Court held that an employee who has voluntarily resigned, whose resignation has been accepted and acted upon, and who has accepted the consequential benefits and secured alternative employment, cannot subsequently seek to withdraw the resignation on the ground that the original acceptance was by an authority lacking competence.
The Court ruled that subsequent ratification by the competent authority validates an earlier unauthorized acceptance of resignation and operates retrospectively. Once ratified, the acceptance relates back to the original date of acceptance and cures the procedural defect.
Rectification of Acceptance of Resignation Operates Retrospectively
An employee who has accepted the consequences of resignation and acted upon it cannot later withdraw the resignation merely on the ground that the original acceptance of resignation was bad for defects of approval of the competent authority.
Judgment dated 4.8.2026 of the Supreme Court of India in Civil Appeal No.9308 of 2024 of Delhi Technological University Vs. B.S.Rawat with connected matters
On 23.8.2010, the respondent joined as Assistant Registrar (Legal) in the University.
On 23.9.2015, the Vice Chancellor had given resignation. The additional charge was given the Professor. On 14.7.2016, the full time Vice Chancellor was appointed.
On 9.5.2026, the respondent had tendered his resignation effect from 1.9.2016. Thereafter, he requested for waiver of notice period and acceptance of resignation from 31.5.2016.
By the memo dated 25.5.2026 the incharge Vice Chancellor accepted resignation and relieved the respondent from 31.5.2016.
After four months, the respondent sent the letter dated 22.9.2016 for withdrawal of resignation on the ground that it was not accepted by the competent authority and ratified by the BOM.
On 26.9.2016, the BoM had ratified the acceptance of resignation by the order dated
