Delhi Police Act, 1978 | Section 25

Section 25 Delhi Police Act, 1978: When Can a Subordinate Police Officer Resign?

Section 25 sets out the legal conditions for resignation from the Delhi Police by officers of subordinate rank. It addresses who may accept a resignation, the notice period, restrictions arising from service commitments and training, medical resignation, and the process for leaving duty.

Key rule: Submitting a resignation letter does not, by itself, authorise an officer to stop reporting for duty. Written notice, permission from the appointing authority, and the statutory conditions of Section 25 must be considered.

Section 25: Circumstances under which police officer of subordinate rank may resign

The following reproduces the substantive provisions of Section 25, including its provisos, in a readable subsection format.

25(1) - Appointing authority

Resignation of any police officer of subordinate rank may be accepted only by the officer empowered to appoint (the officer so empowered to appoint being hereafter in this section referred to as the appointing authority) officers of such subordinate rank.

25(2) - Written notice and permission

A police officer of subordinate rank who intends to resign from police service shall give to the appointing authority notice in writing to that effect and shall not be permitted to withdraw himself from duty unless he has been granted permission to resign by such authority and two months have elapsed from the date on which he tendered his resignation:

Proviso to section 25(2)

Provided that the appointing authority may at his discretion, permit a Head Constable or a constable to withdraw himself from duty on his crediting to the Government two months pay in lieu of notice.

25(3) - Agreed service period

A Head Constable or a constable who has agreed to serve for any specific period may not be permitted to resign before the expiry of that period.

25(4) - Training-related restriction

Inspectors, Sub-Inspectors or Assistant Sub-Inspectors of Police, whose appointments involve training at any Police Training College or Police Training School may not be permitted to resign within three years from the date of their successfully completing the training.

25(5) - Clearance and return of property

No police officer of subordinate rank whose resignation has been accepted by the appointing authority shall be permitted to withdraw from duty until he has fully discharged all debts, due from him as such police officer to Government or to any police fund and has surrendered his certificate of appointment, arms, accoutrements, uniform and all other Government property in his possession and has also rendered a complete account of all Government money and property for which he is responsible.

25(6) - Medical grounds

Notwithstanding anything contained in this section if any police officer of subordinate rank tenders his resignation on medical grounds and produces a certificate signed by the police surgeon or any other medical officer authorised by the Administrator in this behalf declaring him to be unfit by reason of disease or mental or physical incapacity for further service in the police, the appointing authority shall forthwith permit him to withdraw from duty on his discharging, or giving a satisfactory security for the payment of, any debt due from him as such police officer to Government or to any police fund:

Proviso to section 25(6)

Provided that he shall forthwith return the certificate of appointment, arms, accoutrements, uniform and all other Government property in his possession before he is permitted to withdraw from duty.

25(7) - Consequences of unauthorised departure

If any such police officer of subordinate rank resigns or withdraws himself from the duties of his office in contravention of this section, he shall be liable on the orders of the appointing authority to forfeit all arrears of pay then due to him in addition to the penalty to which he may be liable under section 22 or any other law for the time being in force.

25(8) - Discharge certificate

Every such police officer on leaving the service in the Delhi police as aforesaid shall be given by the appointing authority a Discharge Certificate in such form as may be prescribed.

Explanation of Section 25

Who is the appointing authority?

Under subsection (1), the appointing authority is the officer empowered to appoint police officers of the particular subordinate rank. Acceptance by a person without the requisite appointment power does not satisfy the provision.

Two months' notice and permission to leave duty

Subsection (2) requires written notice to the appointing authority. Ordinarily, the officer cannot withdraw from duty unless permission has been granted and two months have elapsed since tendering the resignation. For Head Constables and constables, the appointing authority has discretion to permit departure against payment of two months' pay in lieu of notice; this is not an automatic entitlement.

Service bonds and police training

Under subsection (3), a Head Constable or constable who has agreed to serve for a specified period may be refused permission to resign before that period ends. Subsection (4) separately addresses Inspectors, Sub-Inspectors and Assistant Sub-Inspectors whose appointments involve police training, allowing refusal within three years after successful completion of that training.

Government dues, equipment and final clearance

Subsection (5) requires settlement of relevant Government or police-fund debts, surrender of the appointment certificate, arms, accoutrements, uniform and other Government property, and accounting for Government money and property. The Delhi High Court has considered the distinction between official dues and private loans in litigation concerning this provision.

Special procedure for medically unfit officers

Subsection (6) provides a distinct route where the prescribed medical authority certifies that the officer is unfit for further police service due to disease or mental or physical incapacity. The appointing authority must permit withdrawal from duty on the stated conditions concerning official debts or satisfactory security and return of Government property.

Unauthorised withdrawal and discharge certificate

Subsection (7) addresses departure in contravention of Section 25, including possible forfeiture of arrears of pay on the appointing authority's order and other applicable legal consequences. Under subsection (8), an officer leaving the Delhi Police as contemplated by the section is to receive a discharge certificate in the prescribed form.

Resignation process: Practical checklist

Step	What to check
1. Written notice	Submit a dated resignation to the appointing authority through the applicable official channel; retain proof of submission.
2. Service obligations	Check any agreed service period, training-related restriction and applicable service rules.
3. Approval and timing	Obtain permission and confirm the permitted last working day; do not assume the notice alone ends duty.
4. Financial clearance	Reconcile Government or police-fund dues and account for official money or property.
5. Property handover	Return the appointment certificate, arms, uniform and other Government items against acknowledgement.
6. Discharge documentation	Obtain the discharge certificate and preserve copies of orders and clearance documents.

Section 22 addresses the recording of punishment orders and reasons. Section 23 provides appeals against specified punishment orders. Section 24 addresses the duty status of police officers. Section 26 separately concerns delivery of certificates, arms and other property on ceasing to be a police officer. Section 122(1)(b)(ii) also addresses resignation or withdrawal from duties contrary to Section 25 as a possible offence, subject to its statutory conditions.

Frequently asked questions

Can a Delhi Police constable resign immediately?

Not merely by sending a resignation letter. Section 25(2) requires permission from the appointing authority and normally two months after tendering resignation. The authority may, at its discretion, permit a Head Constable or constable to leave on payment of two months pay in lieu of notice.

Who accepts resignation under section 25?

Only the officer empowered to appoint officers of that subordinate rank, referred to in section 25 as the appointing authority.

Can a police officer resign on medical grounds?

Section 25(6) provides a special route where the officer submits the specified medical certificate establishing unfitness for further police service, subject to clearance or security for official debts and return of government property.

What happens if a police officer leaves duty without permission?

Section 25(7) provides for possible forfeiture of arrears of pay by order of the appointing authority, in addition to applicable penalties. Section 122 may also be relevant depending on the facts.

Is a discharge certificate required?

Yes. Section 25(8) provides that the appointing authority shall issue a discharge certificate in the prescribed form on leaving service as described in that section.

Official law and reference materials

Legal information only. Specific resignation outcomes depend on the applicable rules, service record, official orders and the facts of the case. Consult the current notified text and competent authority for a particular matter.