There is available only one order about the procedures for resigning from Central Government Services, which was issued on 6th May 1958 by the Ministry of Home Affairs. After that no orders will be issued by the Ministry. We have reproduced the content of the Office Memorandum and given below for your ready reference…

Copy of O.M. No.39/6/57-Ests.(A) dated the 6th May, 1958 from Shri.P.Sitaraman, Deputy Secretary to the Government of India, Ministry of Home Affairs, New Delhi to all Ministries of the Government of India etc. etc.

Subject:-  Resignation from service-Procedure in respect of –

Question have been raised from time to time regarding the authority competent to accept a resignation, the circumstances under which resignation should be accepted, the date when a resignation becomes effective, and the authority competent to permit a Government servant to withdraw a resignation which he has already tendered. The following instructions are, therefore, issued for information and guidance of all Ministries:-

(a) Authority competent to accept resignation :-

The appointing authority in respect of the service or post in question is the authority competent to accept the resignation of the Government servant.

(b) Circumstances under which resignation should be accepted:-  It is not in the interest of Government to retain an unwilling officers in service. The general rule, therefore, is that a resignation from service should be accepted except in the circumstance indicated below:-

(i) Where the officer concerned is engaged on work of importance and it would take time to make alternative arrangements for filling the post, the resignation should not be accepted straightaway, but only when alternative arrangement for filling the post have been made.

(ii) Where a Government servant who is under suspension submits a resignation, the competent authority should examine, with reference to the merit of the disciplinary case pending against the Government servant, whether it would be in the public interest to accept the resignation. Normally, as officers are placed under suspension only in cases of grave delinquency, it would not be correct to accept a resignation from an officer under suspension. Exceptions to this rule would be where the alleged offences do not involve moral turpitude or where the quantum of evidence against the accused officer is not strong enough to justify the assumption that the departmental proceedings were continued, the office would be removed or dismissed from service, or here the departmental proceedings are likely to be so protract ant that it would be cheaper to the public exchequer to accept the resignation.

(c) Date when a resignation becomes effective :-

The competent authority should decide the date with effect from which the resignation should become effective. In cases covered by (b) (i) above the date should be that with effect from which alternative arrangements can be made for filing the post. Where an officer is on leave, the competent authority should decide whether he will accept the resignation with immediate effect or with effect from the date following the termination of the leave. Where a period of notice is prescribed which a Government servant should give when he wishes to resign from service, the competent authority may decide to count the period of leave towards the notice period. In other cases also, it is open to the competent authority to decide whether the resignation should become effective immediately or with effect from some prospective date. In the latter cases, the date should be specified.

(d) Authority competent to permit withdrawal of resignation :-

A resignation becomes effective when it is accepted and the officer is relieved of his duties. Where a resignation has not become effective and the officer wishes to withdraw it, it is open to the authority which accepted the resignation to refuse the request for such effective the officer is no longer in Government service and acceptance of the request for withdrawal of resignation would amount to reemploying him in service after condoning the period of break. As this would involve financial commitments, concurrence of the Ministry of Finance should be obtained before a request for withdrawal of resignation which has already become effective is accepted.

Source: www.persmin.nic.in

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No.12035/3/2002-Pol.II
Government of India
Ministry of Urban Development
Directorate of Estates
Policy-II Section

Nirman Bhawan,
New Delhi – 110 108.
Dated the 25th June, 2013

Office Memorandum

Subject : Furnishing of information regarding transfer, retirement, voluntary retirement, resignation, missing,m long leave (with medical certificate and without medical certificate) and death of Government officials, who have been allottees of General Pool Residential Accommodation (GPRA) and disciplinary action taken against the delinquent allottees of GPRA to the Directorate of Estates.

I am directed to refer to this Directorate O.M. of even number dated 25.1.2002 on the subject mentioned above requesting all Ministries/Departments of the Government of India to furnish a monthly information in respect of transfer of allottees of General Pool Residential Accommodation to ineligible office/outstation posting/voluntary retirement / resignation / death to this Directorate immediately on occurrence of such events along with details of general pool residential accommodation occupied by such allottees in order to take timely follow up action. In the said OM it was also requested that a copy of orders of transfer, voluntary retirement and resignation may be endorsed to this Directorate as this would not only avoid unauthorized occupation of government accommodation but it would improve availability of government accommodation for allotment to other government servants who are in the waiting list.

2. It is further informed that this Directorate always forwards a copy of orders in cases of proven subletting to the concerned Ministry/Department/office to initiate disciplinary proceedings against the delinquent Government servant in terms of Department of Personnel and Training O.M. No 11013/14/85-Estt.(A) dated 6.3.1986 and O.M.No.F.11012/2/97.Estt(A) dated 31.12.1997.

3. It has been past experience in this Directorate that a very few Ministries/Departments/offices have intimated the outcome of the Disciplinary proceedings, under CCS(CCA) Rules. 1964, to Directorate of Estates on proven subletting cases. Moreover, no Ministry/Department/Office endorses a copy of orders of transfer, voluntary retirement, resignation and death to this Directorate resulting in unauthorised occupation of government accommodation.

4. In order to obviate unauthorized occupation of government accommodation and to streamline allotment of government accommodation, all Ministries/Departments/Offices are once again requested to furnish final outcome of the Disciplinary proceedings, under CCS(CCA) Rules, 1964, to Directorate of Estates and to endorse a copy of orders in respect of transfer of officials to an ineligible office, eligible office and outstation and voluntary retirement, resignation, death and missing government employees and employees on long leave (with medical certificate and without medical certificate) to this Directorate immediately on occurrence of such events along with details of general pool residential accommodation occupied by such allottees.

5. All Ministries and Departments of the Government of India are also requested to circulate this information to all offices (including statutory bodies etc) under their control with the direction to adhere to the request of this Directorate without fail.

sd/-
(S K.Jain)
Deputy Director of Estates (Policy)

Source: www.estates.nic.in
[http://estates.nic.in/WriteReadData/dlcirculars/Circulars20248.pdf]

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