Rajasthan HC: Quitting Job to Contest Polls Bars Reinstatement

The Rajasthan High Court has ruled that a government servant who resigns voluntarily to contest a State Assembly election cannot later seek reinstatement or withdrawal of that resignation under the Central Civil Services Rules, regardless of whether the contest ends in victory or defeat.

A Division Bench comprising Justice Inderjeet Singh and Justice Sandeep Taneja dismissed a writ petition challenging the rejection of an application to withdraw an accepted resignation. The court upheld a February 27 order of the Central Administrative Tribunal (CAT), Jaipur Bench, which had denied relief to the petitioner.

The case involved Neeraj Bishnoi, a resident of Ajmer and a former senior auditor with North Western Railway. Mr. Bishnoi had tendered his resignation to contest the 2023 Assembly election from Ratangarh on a Bahujan Samaj Party ticket, but lost the poll.

On January 1, 2024, he sought withdrawal of his resignation and reinstatement in service. North Western Railway rejected the request, as well as a subsequent representation. Mr. Bishnoi argued that he had applied for withdrawal within 90 days and claimed he became aware only after his defeat that he would not be entitled to pensionary benefits.

The Bench held that losing an election does not amount to a "material change in circumstances" or a "compelling reason" under Rule 26(5) of the Central Civil Services (Pension) Rules, 2021. It observed that contesting the election was a "voluntary choice" and that his subsequent defeat could not be treated as a material change in circumstances existing at the time of resignation.

The court also upheld the CAT's finding that contesting as a political party's candidate violated the requirement of maintaining political neutrality under the CCS (Conduct) Rules, 1964. Finding no error in the tribunal's order, the Bench dismissed the writ petition as devoid of merit.