Why in the news?
Shah Faesal-an IAS officer who first resigned from service and founded the Jammu and Kashmir People’s Movement (JKPM), has now stepped down as president of the party. There is a speculation that he will join the service again.
Although he resignation in January 2019, yet the government has not accepted his resignation pending the investigation into some of his posts on social media.
A resignation can be withdrawn
According to the All India Services (Death-cum-retirement benefits) Rules, 1958, the Central Government may permit a member of service to withdraw his resignation in the public interest on the following conditions:
1. The resignation was tendered by the a member of service for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him/her to tender the resignation;
2. During the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the member concerned was in no way improper.
3. The period of absence from duty between the date on which the resignation became effective and the date on which the member is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days;
4. The post, which was vacated by the member of service on the acceptance of his/her resignation or any other comparable post, is available.
Withdrawal of Resignation is not Accepted:
1. Request for withdrawal of a resignation shall not be accepted by the Central Government where a member of service resigns his/her service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government.
2. Request for withdrawal of resignation shall not be accepted by the Central Government where a member of the Service resigns from his/her service or post with a view to be associated with, any political parties or any organisation which takes part in politics, or to take part in, or subscribe in aid of, or assist in any other manner, any political movement or political activity or to canvass or otherwise interfere with, or use his/her influence in connection with, or take part in, an election to any legislature or local authority.
(Source: Ministry of Personnel )
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