In how many days can an IAS officer withdraw his resignation? Question raised in Rinku Singh Rahi case

The resignation of 2022 batch IAS officer Rinku Singh Rahi of Uttar Pradesh cadre has created a stir in the entire state. He says that he was not able to work actively by being attached to the Revenue Council. They were getting salary but were not getting opportunity for public service. The story of Rinku Singh Rahi is also interesting because he joined the administrative service after passing the PCS exam in the year 2008.

He took the UPSC exam and became IAS in 2021 by securing 683rd rank. Now after his resignation he remains in the news. Meanwhile, he has said that if I am not being employed while holding this post, then I should be sent back to my parent service (PCS). In such a situation, the question is who accepts the resignation of the IAS and how much role do the state and center play in it?

IAS resignation process

Be it IAS or IPS and IFS, there is a long process for their resignation. The rule of resignation in Rule 5(1) and 5(1)(A) of All India Services states that if an officer resigns, the resignation should be without any condition. In the resignation letter it should be clearly stated what is the real reason for this.

Whenever an IAS officer resigns, he submits it to the Chief Secretary of the state where he is posted. At the same time, an IPS officer sends his resignation to the highest police officer or DGP of the state. The special thing is that in both cases these officers cannot decide whether the resignation should be accepted or not. For this they have to take approval from the central government.

After resignation, the state government verifies whether there are any pending dues or vigilance cases or any investigation pending against the officer. In such cases the resignation is usually rejected. After conducting this investigation, the state government sends the vigilance status and due report to the central government along with the resignation. The work of approving the resignation of an IAS is done by the Department of Personnel and Training (DOPT).

Can IAS withdraw resignation?

Amidst the news of resignation, Rinku Singh Rahi says, if I am not being employed while holding this post, then I should be sent back to my parent service (PCS). From his statement, speculations are being made that he is also looking for a way to make a comeback. Now the question arises whether an IAS can withdraw his resignation.

All India Services officers like IAS and IPS can both withdraw their resignation. Rules have been made regarding this also. The rule says, if an IAS officer wants to return, he will have to withdraw the resignation within 3 months i.e. 90 days. For withdrawal of resignation, a written application will have to be made.

However, there are some special circumstances when resignation cannot be withdrawn. For example, according to All India Service Rules, if an officer has resigned with the intention of joining a political party or taking part in elections, then he is not given the right to withdraw his resignation.

What will happen if the resignation is accepted?

Now the question is what will happen next if the resignation is accepted? The rule says that if the resignation has been accepted and the process has been completed then it cannot be withdrawn. Therefore, after resigning, the officer is given 90 days to think.

Also read: Why did the British judge call Dr. Hedgewar’s statement in the court as treason?

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