Bombay High Court Allows Medical Officer To Contest Upcoming Elections; Orders State To Accept Resignation

The Bombay High Court on Tuesday ordered the Maharashtra Government to accept the resignation of a Medical Officer, who seeks to contest in the upcoming State Legislative Assembly elections.

A vacation court presided over by Justices Sandeep Marne and Manjusha Deshpande ordered the State to accept the resignation of Dr Rohan Borse, a Grade 'A' Medical Officer deployed at the District Civil Hospital at Nasik.

"The petitioner seeks to contest the upcoming elections and the last day to file the nomination form is today (October 29, 2024). We therefore, order the respondent State authorities to accept the resignation of the petitioner by today itself and give him the requisite documents to relieve her from the service so that he can proceed with filing nominations," the judges said. 

Chief Government Pleader Neha Bhide appearing for the State opposed the plea stating that the petitioner has not assigned any reason for his resignation. She also pointed out that there are three pending complaints against the petitioner, filed by the family of some patients, on whom the petitioner performed autopsy.

"A government servant need not assign a reason for resignation. In the present case, the State need not pay any post-retirement benefits as such as he is not entitled for it. A resignation cannot be put on same pedestal as Voluntary Retirement from Service (VRS)," the bench said. 

Notably, the petitioner had initially moved the regular bench of Justices Burgess Colabawalla and Somshekhar Sundaresan seeking a direction to the State authorities to accept his resignation. The bench while allowing the plea had asked the authorities concerned to take a decision at the earliest. 

Following this order, the State authorities informed the petitioner on Monday (October 28) that his resignation was rejected on the ground that he has three complaints pending against him.

The petitioner through senior counsel Vinit Naik and advocate Pooja Thorat referred to a Government Resolution (GR) issued on December 2, 1997, which provides that in absence of any departmental enquiry, dues pending against government, suspension etc, a candidate's resignation should be accepted forthwith in lieu of one month's salary instead of one month's notice (for resignation).

The petitioner pointed out that there is no pending enquiry or suspension or even dues on his part. He argued that the three complaints pending against him since 2016 and nothing has been done in the said complaints. 

However, the bench disposed of the petition by directing the authorities to accept the resignation.