Employers Can Accept Same-Day Resignation Without Two-Month Notice Period : J&K High Court

The Jammu & Kashmir High Court upheld the dismissal of a police constable, ruling that immediate acceptance of resignation without waiting for the two-month notice period under Section 10 of the J&K Police Act, 1983, is valid if approved by a superior officer. 

The constable had claimed coercion, but the Court found the resignation voluntary, backed by an affidavit citing domestic reasons.

The court also noted his poor conduct during training and limited service of just two months.

The Court agreed with the Central Administrative Tribunal’s conclusion that the resignation was not an afterthought and dismissed the petition, affirming the legality of the resignation process.