From the stand of circle office as posted by you it seems that they may resort to such tactics.
Record such threats (audio/visual).
Offer to handover the charge in writing under proper acknowledgment, mention that no tasks are pending at your end. Write to good offices of appointing authority, Chairman, MD.
The comments of the circle office as posted by you:: “this is not the way of resigning” implies abrupt termination is not the way to resign.
Hence if possible tender some reasonable notice and co operate for handing over of charge in writing under proper acknowledgment. Such communication and record shall be useful and helpful later.
This offer may be found suitable by circle office and good offices and they may relent.
Otherwise if resignation has been submitted by employee then employee has ended the employer employee relationship and thus there is no abscondment.
Absconder is a derogatory word and employee can vehemently oppose it and protest.
IN another thread an employee of BOI has quoted extracts from his appointment letter like;
https://www.lawyersclubindia.com/forum/Psu-bank-resignation-serving-full-notice-period-62898.asp#.Uy2xzkeBmXU
" On confirmationin the service of bank, your services are liable to be terminated by 3 months notice or on payments of 3 months emoluments in lieu thereof. If you are desirous of leaving the services of bank after your confirmation, you shall give 3 months notice in writing to the bank. :
Here the terms of notice pay in lieu of notice period for employee is deliberately not expressed in explicit terms as in case of BOI.
However here the T&C does not also state that company can decline to accept notice pay in lieu of notice period.
What is the language stated in appointment letter issued to you?
The bank may claim that employee is not a workman and cross reference is not possible and relationship is that of ‘Master and Servant’ and Specific Relief Act shall apply and service conditions are governed by contract of employment/appointment letter………………………………there are pending tasks, replacement is to be inducted, charge is to be handed over and employee has accepted the service conditions by his free will……………………….
In case the Period of Notice and Notice Pay, as regards termination versus resignation, both must be equally. The contract of employment should promote equality.
Any agreement to the effect that states the Notice Period and Notice Pay of employee more than that of the employee may be treated as violation of equity and equality and may be declared as void by courts.
Bank may deny proper relieving letter and private bank has demanded it. If you have resigned with immediate effect on demand of private bank, then you need to take private bank in confidence and private bank should also support. In case the matter becomes complicated and time consuming then employment in private bank should be protected…………………
You may show the language stated in appointment letter, service rules and regulations, conduct and discipline rules of the bank and all other relevant docs to your lawyer.
Your lawyer may opine to report the conduct of circle office to good offices.
It shall be appropriate to show the docs etc to Bank Officer Union leaders too………………..and seek their counsel and help. Some of them may help you to succeed.
The matter would certainly require to be handled carefully and shall be a test of your nerves.
Proceed carefully after you have fully understood the situation and merits and procced under expert advice of your lawyer.
