Resignation not accepted
Jeevan
(Querist) 12 January 2014
This query is : Resolved
Hi, I am a scale I officer working in a bank since 3 years. Few months back I was transfered to a remote area and I submitted my resignation on Nov. In January, I got a letter from my Regional Office stating my resignation has not been accepted due to non clearance from appropriate authority. On enquiring with the HR, they informed that they are not aware about the reason for non clearance.I had given an official letter seeking further clarification but they have not yey responded.Now they have transfered me to another place and I have been asked to join immediately.
What I came to know unofficially is that the bank has declared two accounts as Fraud and an enquiry is going on that which has my name in it.I would prefer to be in my present place of posting for the time being. Can anything be done legally in this regard?
Dr. Jyothi Vishwanath
(Expert) 12 January 2014
you dont have to worry if you have not done anything wrong. Report for duty and be calm.
Devajyoti Barman
(Expert) 12 January 2014
yes, why are you getting worried if not done any wrong.
Jeevan
(Querist) 12 January 2014
Thank you Dr. Jyoti Viswanath and Mr.Devajyothi Berman.....
I am not worried about the fraud accounts. I am worried that if they dont clear things soon, wont I be tied to the organisation for a long time.Suppose if I get a better prospect in the future, would I be able to leave..
Rajendra K Goyal
(Expert) 12 January 2014
Bank may not accept your resignation till conclusion of any disciplinary proceedings / inquiry pending or likely to be initiated. Face the inquiry / proceedings, if any, boldly and if you have done nothing you should not worry. Bank has the right to transfer you from the place pending inquiry / disciplinary proceedings.
Kumar Doab
(Expert) 12 January 2014
>> Probably inquiry on fraud in two accounts is the reason for transfer.
The underlined reason may be the perception that you can affect the inquiry at present place of posting.
Probably the response of the HR to you stating that they are not aware about the reason for non clearance is also verbal.
Probably they have received comments not to disclose or they are in fact not aware.
Probably you shall be not issued any such reply in writing even if you try.
Probably HR is not the appropriate authority to accept resignation or reject acceptance of resignation in your establishment.
It is time to get in touch with a labor consultant/service lawyer well versed with cases involving such Inquiry and be prepared in advance.
Your lawyer/consultant can advise you that you should write further or not depending upon merits that may emerge after in detail discussions with you.
Generically speaking resignation can be without notice or permission and employer does not have the power to accept or reject the resignation.......................the employee has gone out of employment by resignation......................moreover in your situation while no show cause notice has been issued to you.........................and you are not suspended...........................................there is no communication that resignation can not be accepted till inquiry is completed..........................
>> You may pursue Standing Orders/Service conditions, Service rules ..........................................
>> You have posted that:
“I am worried that if they dont clear things soon, wont I be tied to the organisation for a long time.Suppose if I get a better prospect in the future, would I be able to leave..”
Mettur Spinning Mills, Mettur Dam vs Dy. Commissioner Of Labour,
http://indiankanoon.org/doc/756681/?type=print
Standing Orders appears to be the only provision by virtue of which an employee under the petitioner of his own accord can go out of employment and give up his office. Hence the process of going out of office can be equated to.................................... resignation.
In Gisdrosiva case the Supreme court dealt with a rule which in tenor is similar to clause 13(iv) of the present Standing Ordered and the Supreme Court pointed out that the servant by giving notice in accordance with the rule, has unequivocally informed the Government that he has terminated the services with the Government and that put an end to the services and therefore, it was not open to the Government to take any disciplinary proceedings against him thereafter.
However please do not proceed on your own and you may proceed under advice of your lawyer only........................
The lawyer that has seen all of your docs and has analyzed your inputs can advice you the best.
IN this matter you would need to spend quality time with your lawyer time and again.
Raj Kumar Makkad
(Expert) 14 January 2014
I do endorse the advice of Rajender Goyal and Doab.
