In a decisive ruling that underscores the boundaries of political engagement for civil servants, the Rajasthan High Court has firmly closed the door on government employees who resign to contest elections and later seek to return to their posts. The court found that such a move fundamentally breaches the principle of political neutrality required of public servants.

  • Petitioner Neeraj Bishnoi resigned as a senior auditor to contest the 2023 Assembly election on a BSP ticket
  • He lost the election and sought reinstatement on January 1, 2024
  • The High Court upheld CAT's rejection, citing violation of political neutrality rules

The Case That Tested the Rules

Neeraj Bishnoi, a former senior auditor with North Western Railway, had stepped away from his role to throw his hat in the political ring. He contested from Ratangarh on the Bahujan Samaj Party ticket—a voluntary choice, the court would later emphasize—but ultimately lost the race. What followed was an attempt to reverse course: he applied to withdraw his resignation and return to government service.

Why the Court Said No

The bench, comprising Justices Inderjeet Singh and Sandeep Taneja, delivered a clear message: resigning to enter politics is a conscious decision with consequences. Losing an election, they ruled, does not amount to a "material change in circumstances" or a "compelling reason" under Rule 26(5) of the Central Civil Services (Pension) Rules, 2021. The resignation had been accepted, the die cast.

"His subsequent defeat in the election cannot be treated as a material change in circumstances existing when he resigned," the court stated.

The judges also affirmed that by aligning with a political party and campaigning, Bishnoi had violated the CCS (Conduct) Rules of 1964, which mandate strict political neutrality for government employees. His argument that he only realized the pension implications after his defeat did not sway the court; the rules were there all along.

A Precedent for Political Clarity

This judgment reinforces a critical line in the sand for India's civil services. It signals that public roles cannot be treated as fallback options when political ambitions don’t pan out. The court’s dismissal of the writ petition aligns with the Central Administrative Tribunal’s earlier order and underscores that the integrity of the service depends on its distance from partisan politics.