Govt. employee quitting to fight polls can’t seek reinstatement: Rajasthan High Court
The Rajasthan High Court ruled that government employees who resign to contest elections cannot be reinstated if they lose. The court emphasized that political participation violates the mandatory neutrality required of civil servants.
Why it matters
This sets a legal precedent regarding the separation of civil service and active politics, reinforcing the political neutrality of government employees.
A government employee who voluntarily resigns from service to contest the State Assembly election cannot claim reinstatement or withdrawal of resignation under the Central Civil Services Rules, irrespective of winning or losing the polls, the Rajasthan High Court has held.
A Division Bench of the High Court dismissed a writ petition filed by a former senior auditor with North Western Railway challenging the rejection of his application to withdraw his accepted resignation. The court upheld a February 27 order of the Central Administrative Tribunal (CAT), Jaipur Bench, denying relief to the petitioner.
The Bench, comprising Justice Inderjeet Singh and Justice Sandeep Taneja, ruled that losing an election does not constitute a “material change in circumstances” or a “compelling reason” under Rule 26(5) of the Central Civil Services (Pension) Rules, 2021.
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