Resignation and withdrawal from the post
Section 9 of the Coast Guard Act, 1978 deals with resignation and withdrawal from the post. No member of the Coast Guard shall be at liberty-- (a) to resign his appointment during the term of his engagement; The Act came into force on 19 Aug 1978.
No member of the Coast Guard shall be at liberty--
(a) to resign his appointment during the term of his engagement; or
(b) to withdraw himself from all or any of the duties of his appointment,
except with the previous permission in writing of the prescribed authority
Section 9, The Coast Guard Act, 1978 (Act 30 of 1978).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Abhishek Manoj Warthi v. Union of India & Ors.
Court's Decision & Legal Precedent
DATE-VERIFIED Judgement 2023-08-11 (order-1.pdf; index date matches body 11.08.2023): s.9 bars resignation/withdrawal from Coast Guard duties except with prior written permission of the prescribed authority; NOC refusal on a technical probation-in-next-rank ground was unsustainable, but release is still governed by s.9 and exigencies of service (R.P. Yadav; Amit Kumar Roy) — remitted for fresh decision under s.9 and rr.27/27A.
On this section: s.9 makes resignation/withdrawal permission-dependent; NOC decisions must engage s.9 and service exigencies, not mere rank-probation technicalities after confirmation in service.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
3 instruments name this provision in its title or its text without being made under it.
Questions about Section 9
What have the courts held on Section 9 of the Coast Guard Act?
Abhishek Manoj Warthi v. Union of India & Ors. (11 Aug 2023) is the leading judgment on this section among those set out below: s.9 makes resignation/withdrawal permission-dependent; NOC decisions must engage s.9 and service exigencies, not mere rank-probation technicalities after confirmation in service.
How do I find court cases under Section 9 of the Coast Guard Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Coast Guard Act 1978 9, section 9 Coast Guard Act 1978, section 9 of the Coast Guard Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Abhishek Manoj Warthi v. Union of India & Ors. (11 Aug 2023).
What should I read with Section 9 of the Coast Guard Act, and has it changed?
3 instruments name it without being made under it, most recently SRO 27 DATED 10 JUL 2015 (2015), then SRO 130 DATED 11 AUG 2004 (2004).
When did Section 9 of the Coast Guard Act come into force?
Section 9 of the Coast Guard Act, cited as Coast Guard Act 1978 9, came into force on 19 Aug 1978, having been enacted on 18 Aug 1978. It is in force as at the date shown on this page.
Other sections of this Act
- 121. Powers and duties conferrable and imposable on members of the Coast Guard611 words
- 2. Definitions593 words
- 86. Presumption as to certain documents559 words
- 123. Power to make rules490 words
- 51. Period of limitation for trial of offences under the Act323 words
- 25. Desertion and aiding desertion280 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.