Headnotes
Neeraj Bishnoi, a Senior Auditor with North Western Railway, resigned in October 2023 to contest the Rajasthan Legislative Assembly election from Ratangarh on a BSP ticket. After losing, he applied to withdraw his resignation and be reinstated. The application was rejected by the authorities and the rejection was upheld by the Central Administrative Tribunal. The Rajasthan High Court dismissed his further challenge, holding that his resignation was a voluntary act to contest the election and that losing the election is not a "material change in circumstances" justifying withdrawal under the pension rules, and further that contesting as an official party candidate itself breached the political-neutrality obligations of the conduct rules.
Key Takeaways
- An election defeat, by itself, is not a "compelling reason" or a material change in circumstances that entitles a government servant to withdraw a resignation tendered to contest that election.
- Contesting an election as an official candidate of a political party is inconsistent with the political neutrality a government servant is required to maintain under the CCS (Conduct) Rules, 1964.
- Courts will treat a resignation given to pursue electoral politics as a voluntary, considered act, not one that can be reversed simply because the gamble did not pay off.
Full Judgment Text
The Rajasthan High Court has upheld the rejection of a former Senior Auditor's application to withdraw his resignation and rejoin government service after he resigned to contest a state assembly election and lost.
FACTS:
Neeraj Bishnoi, a Senior Auditor with North Western Railway, tendered his resignation on October 10, 2023, in order to contest the Rajasthan Legislative Assembly election. He contested from the Ratangarh constituency in Churu district on a BSP ticket and lost. He then applied for withdrawal of his resignation and reinstatement, which the authorities rejected. The Central Administrative Tribunal dismissed his challenge to that rejection, and he approached the High Court.
COURT'S ANALYSIS:
The Division Bench of Justice Inderjeet Singh and Justice Sandeep Taneja held that the petitioner's resignation was, in the Court's words, "a voluntary act on the part of the petitioner," tendered specifically to contest the election, and that there was "no material change in circumstances" of the kind the pension rules require before a resignation can be withdrawn. The bench further held that having contested the election as an official candidate of a political party, the petitioner "could not have remained politically neutral" as mandated under Rules 3(1)(vii) and 5(1) of the CCS (Conduct) Rules, 1964 — an independent ground weighing against reinstatement.
HOLDING:
The petition was dismissed, and the Tribunal's order upholding the rejection of the resignation-withdrawal application was affirmed.
Source: LiveLaw, "Govt Servant Who Resigned To Contest Election Can't Withdraw Resignation After Losing Poll: Rajasthan High Court," September 11, 2026.
FACTS:
Neeraj Bishnoi, a Senior Auditor with North Western Railway, tendered his resignation on October 10, 2023, in order to contest the Rajasthan Legislative Assembly election. He contested from the Ratangarh constituency in Churu district on a BSP ticket and lost. He then applied for withdrawal of his resignation and reinstatement, which the authorities rejected. The Central Administrative Tribunal dismissed his challenge to that rejection, and he approached the High Court.
COURT'S ANALYSIS:
The Division Bench of Justice Inderjeet Singh and Justice Sandeep Taneja held that the petitioner's resignation was, in the Court's words, "a voluntary act on the part of the petitioner," tendered specifically to contest the election, and that there was "no material change in circumstances" of the kind the pension rules require before a resignation can be withdrawn. The bench further held that having contested the election as an official candidate of a political party, the petitioner "could not have remained politically neutral" as mandated under Rules 3(1)(vii) and 5(1) of the CCS (Conduct) Rules, 1964 — an independent ground weighing against reinstatement.
HOLDING:
The petition was dismissed, and the Tribunal's order upholding the rejection of the resignation-withdrawal application was affirmed.
Source: LiveLaw, "Govt Servant Who Resigned To Contest Election Can't Withdraw Resignation After Losing Poll: Rajasthan High Court," September 11, 2026.
Cases Cited & References
- 1. 2026 LiveLaw (Raj) 378