Resignation not accepted

SAI JAGANNATH (Querist) 20 October 2012 This query is : Resolved
SIR,
I submitted my resignation under PMC on 22/05/2007.Till now I did not received any communication from railway.ON 16/05/2012 I with draw my resignation and gave a joining report with a letter to make the absent period as LWP.DY CSTE(CON) asked SPO to give directions to join me in duty.The file roamed between the personal and CSTE office and on 24/09/2012 SPO returned the file stating that my resignation not accepted by the competent authority so CSTE may give necessary orders to take me on rolls subjected to railway medical fit and issuing of SF5.Resently i personally met CSTE and he said he is not taking me in duty.Now my doubt is can he remove me from duty with out issuing a majorpenalty charge sheet?Can he issue me a major penalty charge sheet now?How much time can he take to reply?Can I approach CAT?
An early reply is very much appreciated.

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Guest (Expert) 20 October 2012
You may or may not approach CAT, as per Government rules, the resignation would have ben deemed to have been accepted if there was no response from the competent authority within the notice period.

Even if the authorities are compelled on inappropriate represntation by them on your filing a case with the CAT, the authorities are bound to issue you charge sheet for unauthorised absene for such a long period and as a result your dismissal cannot be overruled.

venkatesh Rao (Expert) 20 October 2012
As per their say, your resignation has not been accepted. You say that you have also withdrawn the resignation. That being so, they are bound to take you on duty, and are at liberty to initiate proceedings for long absence sans leave.

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