Jaipur: The Rajasthan High Court has held that a government employee who voluntarily resigns from service to contest an election cannot seek reinstatement merely after losing the poll. The court held that contesting an election was a voluntary decision and did not constitute a “compelling reason” for withdrawal of resignation under the applicable service rules.
A Division Bench of Justice Inderjeet Singh and Justice Sandeep Taneja delivered the ruling on September 1, 2026, while dismissing a petition filed by former Senior Auditor Neeraj Bishnoi against an order of the Central Administrative Tribunal (CAT), Jaipur Bench.
Bishnoi, who was posted in the audit department of North Western Railway, resigned on October 10, 2023, to contest the Rajasthan Assembly election. His resignation was accepted with effect from November 1, 2023. He subsequently contested from Ratangarh constituency on a BSP ticket, but lost the election.
On January 1, 2024, Bishnoi sought withdrawal of his resignation and reinstatement. His request and subsequent representation were rejected by the authorities. The CAT also dismissed his plea on February 27, 2026, following which he approached the High Court.
High Court’s Reasoning
The High Court held that Bishnoi’s resignation was a deliberate choice to contest the election and did not satisfy the requirement of a “compelling reason” under Rule 26(5)(i) of the CCS (Pension) Rules, 2021. The court also held that his electoral defeat did not amount to a “material change in circumstances” that existed when he resigned.
The Bench also upheld the finding that his participation in active politics was relevant while examining his request for withdrawal of resignation. Rule 26(5)(ii) requires that the conduct of the person during the intervening period should not be improper, while Rule 3(1)(vii) and Rule 5 of the CCS (Conduct) Rules, 1964 deal with political neutrality and participation in politics and elections.
The High Court found no error in the CAT’s decision and dismissed Bishnoi’s petition.
Get Latest Updates