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Dr. Praveen K. Malik   12 August 2026

Technical resignation

I am working in ESIC since 2015, applied for higher post in another central govt institute after obtaining NOC on 15.05.2025, but got suspended on 26.09.2025 but got revoked on 24.04.2026 without any chargesheet till now. Now, got selected for higher post for previously mentioned post, Headquarters sitting on application for technical resignation for 1 month. Am I eligible for technical resignation, what should be my next course of action. Thanks and Regards


Quick Summary
An individual employed with ESIC since 2015 applied for a higher post in another central government institute. They obtained NOC, but were later suspended and then had the suspension revoked without charges. Their application for technical resignation has been pending for a month. The discussion seeks clarity on eligibility for technical resignation and the appropriate course of action, given the unusual circumstances of suspension and delayed processing.

 6 Replies

P. Venu (Advocate)     12 August 2026

"got suspended on 26.09.2025 but got revoked on 24.04.2026 without any chargesheet till now"

Why the suspension? was it because "disciplinary proceedings" were contemplated?

Why revoked after six months, not three months? How has period spent under suspension regulated/being treated?

"Headquarters sitting on application for technical resignation for 1 month" Why application for technical resignation than submission of technical resignation itself?

Anyhow, authorities are not authorised to keep things in a limbo.

You may approach the CAT if the stalemate continues too long to your disdvantage.

Dr. J C Vashista (Advocate )     13 August 2026

The facts posted are disjointed and vague, where there are numerous inconsistances, most of them have already been pointed out by learned expert Mr P Venu.

Consult a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.

T. Kalaiselvan, Advocate (Advocate)     13 August 2026

You meet the core conditions for a Technical Resignation. Under DoPT guidelines (consolidated via OM dated 24th November 2022 .

As per Central Civil Services (CCS) rules and DoPT instructions, disciplinary proceedings/vigilance cases are treated as pending only when a formal charge sheet (under Rule 14 or Rule 16 of CCS (CCA) Rules) has been served or a criminal charge sheet/prosecution sanction has been filed in court.

Since your suspension was revoked on 24.04.2026 and no charge sheet has been served to date, there is no formal disciplinary proceeding legally pending against you that automatically bars vigilance clearance or resignation approval.

Unless HQ has an active, formal instruction from the Central Vigilance Commission (CVC) or a court specifically withholding clearance, they cannot indefinitely withhold your relief on an un-issued charge sheet.

If ESIC HQ continues to withhold approval or denies it without legal grounds:

  • Seek legal counsel specializing in service matters.

  • File an Original Application (OA) under Section 19 of the Administrative Tribunals Act, 1985 before the competent bench of the Central Administrative Tribunal (CAT).

  • Pray for directions to ESIC to grant Vigilance Clearance, accept your Technical Resignation, and issue relieving orders in a time-bound manner so your selection is not compromised.

Dr. J C Vashista (Advocate )     16 August 2026

 

Originally posted by : Dr. Praveen K. Malik
I am working in ESIC since 2015, applied for higher post in another central govt institute after obtaining NOC on 15.05.2025, but got suspended on 26.09.2025 but got revoked on 24.04.2026 without any chargesheet till now. Now, got selected for higher post for previously mentioned post, Headquarters sitting on application for technical resignation for 1 month. Am I eligible for technical resignation, what should be my next course of action.
Thanks and Regards

@ Dr Parveen K Malik,

You have mentioned that you got NOC to apply and join another cerntal govt. institute on 15.05.2025 were suspended on 26.09.2025, during this period of about 4 1/2 months you continued to work in ESIC and yet to join new assignment, isn't it ? What was the reason / allegation to suspend your services by ESIC ?  

Subsequently your  suspension order is stated to have been revoked on 24.04.2026 i.e., after about 7 months of suspension, that too without issuance of a formal charge-sheet, how did you manage/convience  ESIC to revoke the suspension ? Although it is unbelievable yet it is great, if so. 

AND 

Why did the charge-sheet not issued by the employer i.e., ESIC during the period of your suspension, which is about 7 months and there after till date which comes to about 11 months ? Such a lack-lusture approach of the employer is NEEVER heard. Again unbelievable inaction on the part of ESIC.

CONGRATULATIONS for getting selected for higher post, did you intimate ESIC for issuance of fresh NOC, so that you may join the fresh assignment, even if aforesaid case is pending / foreclosed? 

It would be better to consult some local prudent lawyer for proper analyses of facts and circumstances and professional advise.

Best wishes.

Dr. Praveen K. Malik   16 August 2026

Thanks all for advise/s,

Just to retrieat the timeline 

1. Joined ESIC in 2019

2. Applied for higher post after obtaining written NOC dated 15.05.2025

3. Suspended on 25.09.2025 on account of disciplinary action being contemplated alongwith around 10 officers. 

4. Suspension revoked on 27.04.2026 without charge sheet. Also almost all officers have been reinstated and none got chargesheet, most got reinstated after 9 months, perhaps maximum time they could have been suspended without chargesheet.

5. Joined back ESIC after suspension revocation 

6. Result of interview declared on 07.07.2026 and submitted technical resignation on same date.

7. Waiting for HQ response.

8. Planing to approach CAT Delhi.

Thanks and regards 

Dr. J C Vashista (Advocate )     17 August 2026

Wait and watch before proceeding further.


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