Resignation

Querist : Anonymous (Querist) 08 September 2011 This query is : Resolved

I was working with bank as an officer. got offer from Pvt Bank so resigned .till the date of resignation no disciplinary proceeding were contemplated or pending.on submitting reminder to relive me bank issued charge sheet without any show cause notice. Disciplinary authority asked me to admit the charges to get relived immediately so that i can join new bank.I did admit the charges stating that since i had already submitted my resignation i do not want to contradict the charges and admit the charges subject to submissions : I did replied in short the charges .Bank instead of relieving me ordered inquiry .the inquiry was held only on papers under an understanding that i will be relieved.I did signed the back dated papers anticipating that i will be relieved>but bank played fraud and first rejected my resignation and afterwards issued compulsorily retirement orders.By this time my offer of pvt bank was withdrawn so i rebutted all the charges with documentary evidences and submitted appeal for reinstatement which was rejected although I did highlighted that there was no real inquiry was ever held. than i did submitted review before Chairman wherein I was asked to submit a ;letter that in case reinstated i may be allowed to resign . I did submit that letter although i was not in service on that date due to compulsorily retirement. .chairman set aside both the orders of disciplinary authority and appellate authority and issued my reinstatement orders. But Gm personnel issued orders stating that my resignation has been accepted and i will be relieved on the same day i reported for duties on reinstatement.I did protest but all in vain .Than i took the matter to delhi high court and stated that my resignation was rejected and other letter was simply a letter asking for permission to resign so my relieving was illegal. But court decided in bank favour treating my letter of the date when I was under compulsorily retired as resignation.My lPA ands Slp were dismissed in limine.
Now I have letter of bank where they have stated that i was relieved by accepting my resignation dated 22.06.98.I have rejection dated 11.08.98 of this resignation. In another letter bank said they have accepted my offer dated 19.12.98 and relieved me.( I was not in service on 19.12.98 so how they can treat it as resignation.
Please advice whether i can approach court again after losin gmy writ in 2002 and LPA /SLP in limine and tha/lpa/slp in review in 2006 with the Reason that high court order has been affirmed by highest court. But as far as i know merely dismissal of slp in limine does not affirm the single judge order.

I think that since now i have bank document stating that they have relieved me by accepting my resignation dated 22.06.98. And I have letter in writing rejecting it.Besides CMD note wherein it is mentioned that there is force in my arguments in review that no real enquiry was held and i admit the charges under an understanding that I will be relieved.
On the basis of these documents i want to approach High court again stating bank misrepresented the facts and played fraud with the court and relived me forcibly on rejected resignation .
Please advice

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ajay sethi (Expert) 08 September 2011
you are at liberty to file review petition if fraud has been playedby the bank before court . you will have to make out a primafacie case . only after goint through the facts of the case , orders passed by court etc would be in a position to say whether prima facie made out for review

Raj Kumar Makkad (Expert) 08 September 2011
I do agree with Sethi.

M/s. Y-not legal services (Expert) 08 September 2011
Am also agree with mr.ajay. I don't feel to say anything more.

Guest (Expert) 09 September 2011
I also agree with Mr. Ajay Sethi. You can make out a review case with the help of some advocate, who should be well experienced in service matters.

girish shringi (Expert) 11 September 2011
I do agree with the experts.

Resignation

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