RAHUL AGGARWAL
26 October 2019 at 21:00
Dear Experts,
My query is that when an officer on review gets the orders of Disc. authority and Appl authority Set aside and was reinstated back in to the services of bank. Whether bank action of reliving him immediately on the date of his joining duties on reinstatement is legal or not. Bank relieved him on resignation which was rejected in writing
As per normal laws on reinstatement officers steps back in the position at which he was before compulsory retirement orders that were set aside afterwards.On reinstatement resignations if any submitted before reinstatement becomes null and void and can not be acted upon at all.
According to me officer has the right to claim all consequential benefits with wages from the date of reinstatement till superannuation .
Please advise.
thanks.
R aggarwal
Anonymous
24 November 2011 at 08:37
Dear Experts,
I need views on one very important point .
An Officer of the Bank who was charge sheeted after submitting resignation which was rejected in writing by bank after inducing him to sign the enquiry papers admitting his guilt.Being not relieved as per understanding and getting orders of Compulsorily retirement ,the officer submitted review to Chairman rebutting all the charges and requesting for reinstatement.His review was considered by cmd vide note dated 18.12/98. He was asked to submit one letter which is attached as attachment stating that he may be allowed to resign in case reinstated. He did submit this letter on 19/12/98 i.e after the date of office Note.
Bank authorities though reinstated him back and he joined the services on 28/12/98 but he was relieved on the same date of joining the duties stating that your resignation has been accepted.
According to my knowledge since officer was not in service on 19/12/98 so this letter can not be treated as resignation at all .besides the wording of letter clearly speaks of that this is letter seeking permission to resign which itself can not be treated as resignation even in case he would have been in service on date. Besides by reinstating the officer his earlier resignation had in law come to end and it includes this letter of dated 19/12/98.the only resignation submitted was rejected in writing so it can not be acted upon. it is his misfortune that bank misepresentated the facts before courts and got the order in favour by getting the letter dated 19/12/98 treated as resignation which according to me is totally a wrong order obtained by playing fraud with the courts.
Please go through the attached letter and offer your expert comments that whether it can be treated as resignation at all.
It is also important to note that under RTI he has got three documents / letters from bank wherein they have stated that he was relieved by accepting his resignation dated 22.06.98.(it was rejected on 11.08.98) and in another letter stated that he was relieved by accepting offer dated 19.12.98. Offer can not be treated as resignation at all .
Your views awaited so that the relieving on letter dated 19/12/98 which was letter seeking permission to resign can be challenged as he was not firstly not in service on that date and secondly an offer /letter seeking permission can not be taken as resignation.
Regards
Anonymous
27 October 2011 at 09:46
I hv lost case in high court and lpa and slp dismissed in limine. Bank got favourable order by misrepresentation of facts before the high court.Now I hv documents received now under RTI act after about 10 years to prove that bank played fraud and got favourable order.documents recd ubder RTi clearly establishes the fact that bank had given wrong information or misrepresentation the facts in WS affidavit.
Can we sent legal notice to bank on the basis facts confirmed in documents of bank received under RTI before approaching court again.
Anonymous
01 October 2011 at 12:29
Dear All
ONE BANK OFFICER RESIGNED FROM SERVICES. HE WAS SERVED A CHARGE SHEET AFTER15 days of resignation.after conducting a sham inquiry resignation was rejected in writing giving reference of disciplinary proceeding.he was compulsorily retired after inquiry
After review officer got reinstment orders but side by side was relived from services stating your resignation has been accepted.
please accept that once a resignation rejected so how can one be relieved on that resignation.
Can a rejected resignation be acted upon.
In view after 3 months any resignation notices ends itself and in this case it was rejected in writing ,so pl guide with yr valuable advice.
Anonymous
27 September 2011 at 19:27
Dear All
Please assist me in sending a notice to my employer who asked me the leave the company .But while making full and final payment of dues did not paid the leave salary and notice pay .They should pay me the notice pay as i hv not resigned myself.
Please send a draft of such notice.
Regards
Rahul
Anonymous
08 September 2011 at 20:50
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
RAHUL AGGARWAL
08 September 2011 at 20:40
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.
Anonymous
04 September 2011 at 07:24
Yes I have documents received under RTI which proves that Chargesheet was drafted by other authority.
so Can whole disciplinary proceeding be treated as null and void.
Anonymous
04 September 2011 at 00:41
1.Can documents received under RTI act be placed before court to prove the facts of the case in which I lost the case during 2002 but now these documents establishes my contention.
2. Can I approach the court with a request to condone the delay on the grounds that these documents are received now only.
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Reinstatement & relieving
Dear Experts.
My question is that when one gets reinstated back in to the services of bank he can not be relieved unless he submits fresh resignation on or after reinstatement . Previous offer to resign or resignation etc are of no value and can not be acted upon at all as on reinstatement all such letters becomes null and void.
please advise and provide some case laws if possible .
thanks
Rahul