No law requires an employer to wait 90 days or inquire before accepting a resignation.

The appellant’s wife, a government employee, died in harness on 13 May 2011.

He was appointed as a clerk on compassionate grounds in March 2013 and joined service.

On 8 July 2013, he submitted his resignation, which the District Magistrate accepted by order dated 5 August 2013, effective from the date of submission.

The appellant sought withdrawal of his resignation on 15 April 2014; the District Magistrate rejected his request, and his service appeal was also dismissed.

The Single Judge dismissed his writ petition.

In this appeal, the appellant argued that the authorities should have waited 90 days and enquired into his intention before accepting the resignation, and that his bereavement-related mental distress warranted a sympathetic view.

Whether the applicable rules or other law required the employer to wait 90 days before accepting the appellant’s resignation.

Whether the employer was legally required to enquire into the appellant’s intention before accepting his resignation, or whether his subsequent request to withdraw it warranted interference with the acceptance order.

The Court considered the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, and found that neither those Rules nor any other applicable statute required an employer to wait 90 days before accepting a resignation or to conduct an enquiry into the employee’s intention before acceptance.

The judgment cited no precedent and identified no other statutory provision governing the issue.

The Court found that the appellant voluntarily submitted his resignation on 8 July 2013 and that it was accepted on 5 August 2013, effective from the date of submission.

Because no applicable rule imposed a 90-day waiting period or an enquiry requirement, the appellant’s challenge on those grounds could not succeed.

Further, his request to withdraw the resignation was made on 15 April 2014, more than 90 days after its acceptance, so the Court held that this timing did not support his proposed 90-day argument.

The Court accordingly found no basis to disturb the decisions of the authorities or the Single Judge.

Finding no merit in the appeal, it dismissed the Letters Patent Appeal.