Resignation of Employee Can't Be Accepted Retrospectively If Withdrawn Before Approval: P&H HC

The Punjab & Haryana High Court ruled that an employee's resignation cannot be accepted retrospectively if withdrawn before formal acceptance.

The petitioner, B.B. Gupta, resigned in November 1993 but withdrew it in August 1994 and submitted that he should be allowed to join back. However, the respondent accepted the resignation later retrospectively from November 1993.

The Court held that such acceptance lacked jurisdiction and reinstated Gupta with 50% back wages and full retiral benefits.

It emphasized that a resignation is valid only upon acceptance and cannot be deemed accepted retroactively. The impugned order was set aside.