Permission to resignation
Querist :
Anonymous
(Querist) 24 November 2011
This query is : Resolved
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
Raj Kumar Makkad
(Expert) 24 November 2011
After going through your referred letter as well as of query in the light of relevant provision in vogue, I am of the considered opinion that you were in service as on 19.12.1998 as continuation of your service was treated by way of which you joined on 28.12.1998 but your offer to resign submitted during the period, your services had been terminated, cannot be treated as a resignation because of changed circumstances. So the judgment passed against you is illegal and is liable to be reversed by filing an appeal before the appellate court as per provisions.
Querist :
Anonymous
(Querist) 24 November 2011
Dear Sir,
It is not clear that how I was in service on 19.12.98 since due to illegal order of compulsory retirement on sept.98 .My order of reinstment was issued on 21.12.98 but i was not paid salary of intervening period at all.My contention is since i was not in service on 19.12.98 so any letter of this date can not be treated as resignation since one has the right to resign when he is in service.your point that I was in service on 19.12 98 was on account of order issued on 21.12.98 so I had the right to resign only after rejoining. Pl clarify this position also . regards.
Guest
(Expert) 25 November 2011
Dear Shri Aggarwal,
Please don't mind, I wonder why being so much qualified in law with Degrees of LLB & LLM, you could make such type of fatal mistakes even in a very small letter of yours, which you attached. From your small and simple letter it can clearly be judged that you are the sufferer of mere reading between the lines and also responding without providing any background in your responses to the management, which can well be treated as a fresh and unprompted communication from your side.
The attached letter contains a major drawback containing a clear communication gap with the reason that neither you gave referrence to your earlier resignation letter, dated 22.06.1998, nor referred to the direction of the management to submit the letter (as you attached), nor mentioned the proposed date of resignation. Your letter was quite simple to be treated as a fresh communication without having link to any past event or direction. So, anyone was free to interpret the contents of your letter in any manner he would like, what to say of the judge. Your letter could well be considered as your having sought resignation with immediate effect after reinstatement in service.
Similarly, you also seem to presume that the experts could give you proper advice merely by reading between the lines by seeing this faulty and unsupportive simple letter you attached, where you have not provided any background paper, i.e., your original resignation letter, any communication you received directing you to submit the letter you attached, decision on your appeal, order of acceptance of your resignation, judgment in your case, etc.
Please try to understand what your angle of seeing things cannot be that of any of the experts of this forum from whom you try to seek advice. They cannot also be expected to presume about the facts in the absence of the documents without referring to their contents.
About your being in service, reinstatement in service means you were allowed to continue in service from the date of your compulsory retirement, and the effective date of cessation of service would only be the date of your relief after acceptance of your resignation.
WHAT I FEEL, INSTEAD OF HAVING A CASUAL OPINION FROM ANY ONE, YOU NEED TO HAVE A REGULAR SITTING SESSION WITH ANY OF THE SERVICE EXPERTS SHOWING ALL THE RELATED DOCUMENTS OF YOUR RESIGNATION, DISCIPLINARY CASE, JUDGMENT OF THE COURT CASE, ETC.
Querist :
Anonymous
(Querist) 25 November 2011
Sir
thanks for your frank comments.I did all this sily mistake in good faith on account of having a good offer in hand.
I am in touch with Lawyer of Delhi High court who is of the view that when I was not in service on 19.12.98 so that letter can not be equated as resignation.Secondly bank itself in letter stated that i was relieved by accepting my resignation dated 22.06.98 .But i hv a document to say that it was rejected in writing.
My basic question is that whether letter seeking permission to resign : I hv writted allow me to resign >which means asking for permission as one can not resign during pendency of disciplinary proceedings unless being permitted to resign in writing,so that letter was given for this purpose only.
So please offer yr remarks on this basic point as bak is stated in other letter taht i offered to resign and offer iit self can not be taken as resignation.
Regards
Guest
(Expert) 25 November 2011
The straight answer to your question is you were allowed to retire and your past resignation was acted upon for that purpose, as you did not try to withdraw that and send any fresh letter of resignation with fresh date while asking the management to allow you to resign.
At first, it seems you have not read my post carefully, in which I have very clearly mentioned that when you are reinstated in service that amounts to continuation of your service after the date of compulsory retirement. Naturally the orders of compulsory retirement cease to exist or cancelled on acceptance of your appeal.
Secondly, your advocate's interpretation/ contention becomes totally wrong when all past events have been wiped out with your reinstatement in service and subsequently by acceptance of your resignation. Needless to mention, question of reinstatement would not arise after causing any break in continuous service. In fact your own faulty letter was the root cause of the final outcome. You and your advocate need to interpret each and every event in proper perspective before launching any appeal/ petition, otherwise you may lose again due to wrong interpretations and would also tend to waste your time and money.
Third, unless you produce the background papers, as I earlier suggested, I don't think experts at this forum would be able to render you some appropriate guidance.
Querist :
Anonymous
(Querist) 25 November 2011
My point is that my reinstament order were issued by note dated 18.12.98 althoigh orders were issued on 21.12.98 .i hv the copy ogf Office note recd under rti . besides in reply to RTi bank stated that I was relieved by accepting my resignation dated 22.06.98 so how ban can relieve me on the letter dated 19.12.98.
Now My point for appeal is that when bank itself confirm that they hv relieved by accepting resignation dated 22.06.98 so my relieving is wrong as it was rejected in writing on 11.08.98 itself.
My point is that since i was not in service on 19.12.98 and i was reinstated on 28.12.98 so my earlier resignation came to end by reinstement .If otherwise bank just want to accept my resignation than it could have been done by direct relieving without allowing me to rejoin the duties. I am planning to apprach court only on these ground.hope you will agree on this point.
Regards
Raj Kumar Makkad
(Expert) 25 November 2011
Nothing remains to be added in detailed reply of Dhingra G.
Querist :
Anonymous
(Querist) 27 November 2011
My point is that which was well noticed by Mr. Raj Kumar
offer to resign submitted during the period, your services had been terminated, cannot be treated as a resignation because of changed circumstances. So the judgment passed against you is illegal and is liable to be reversed by filing an appeal before the appellate court as per provisions.
Since one does not hv the right to resign when he is not in service.I got back my service on 28.12.98 and my continuity was implemented though from back date but it was done on 28.12.98 so how can a letter when i was not in service can be treated as resignation besides it was not a resignation as i had used the words aloow me to resign which means i am seeking permission to resign and it is settled law that offer or permission can not be treated as resignation.
Besides there is Supreme court judgement where it was clearly stated that resignation under frustration is not resignation. My letter if expert feel that it can be a resignation than it is covered under this case as it was summitted under frustration of illegal order of complusirly retirements so as per the judgements refereed below it can not be a resignation where even proper resignation submitted after issuance of chargshehet was not treated as resignation. Pl offer your advice now after going through this judgement and the first comments of Mr.Raj
Appeal (civil) 8317-8318 of 2002.
Dr. Prabha Atri vs The State Of U.P. & Ors on 11 December, 2002
Arising out of S.L.P. (C) Nos.10035-10036 of 2002]
RAJU, J.
Some points :
Reiterating her stand that she had not resigned but shown only intention to resign, the appellant requested for rectifying the mistaken understanding of her earlier letter by taking necessary steps in the correct perspective.
Resignation' is a term of legal art, having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the one resigning, made freely and not under duress and the word is defined generally as meaning the act of resigning or giving up, as a claim, possession or position."The Secretary of the Hospital by his communication dated 16.1.1999 reiterated the correctness of the action taken and declined to reconsider the matter.
To constitute a `resignation', it must be unconditional and with an intention to operate as such. At best, as observed by this Court in the decision in P.K. Ramachandra Iyer (supra) it may amount to a threatened offer more on account of exasperation, to resign on account of a feeling of frustration born out of an idea that she was being harassed unnecessarily but not, at any rate, amounting to a resignation, actual and simple. The appellant had put in about two decades of service in the Hospital, that she was placed under suspension and exposed to disciplinary proceedings and proposed domestic enquiry and she had certain benefits flowing to her benefit, if she resigns but yet the letter dated 9.1.99 does not seek for any of those things to be settled or the disciplinary proceedings being scrapped as a sequel to her so-called resignation. The words 'with immediate effect' in the said letter could not be given undue importance dehors the context, tenor of language used and the purport as well as the remaining portion of the letter indicating the circumstances in which it was written. That the management of the Hospital took up such action forthwith, as a result of acceptance of the resignation is not of much significance in ascertaining the true or real intention of the letter written by the appellant on 9.1.1999. Consequently, it appears to be reasonable to view that as in the case reported in P.K. Ramachandra Iyer (supra) the respondents have seized an opportunity to get rid of the appellant the moment they got the letter dated 9.1.1999, without due or proper consideration of the matter in a right perspective or understanding of the contents thereof. The High Court also seems to have completely lost sight of these vital aspects in rejecting the Writ Petition.
For all the reasons stated above, the order of the High Court under challenge in this appeal is set aside and the appeals are allowed. The communication dated 9.1.1999 purporting to accept a non-existent resignation is set aside.
please consider my letter and other points in view of this judgement .
regards
Guest
(Expert) 27 November 2011
Dear Shri Aggarwal,
Although your query was addressed specifically to Shri Raj Kumar makkad and you may probably mind my intervention, but probably that may help solve your confusion if you ponder on certain specific points of the case referred to by you. Shri Makkad may also probably take in to account such points while replying your query as per his personal experience.
I don't know whether you have already given due attention or not to the following points, as included in the case referred to by you. These are:
1) "To constitute a `resignation', it must be unconditional";
2) Resignation was "under duress";
3) "tenor of language used and the purport as well as the remaining portion of the letter indicating the circumstances in which it was written";
4) "letter dated 9.1.99 does not seek those things (benefits flowing to her benefit)";
5) "The communication dated 9.1.1999 purporting to accept a non-existent resignation is set aside."
NOW, FROM MY FOLLOWING OBSERVATION, PLEASE TRY TO UNDERSTAND WHY I STRESSED UPON THE OTHER RELATED DOCUMENTS OF THE CASE ALSO TO BE EXAMINED IN TOTALITY TO ARRIVE AT CERTAIN LOGICAL CONCLUSION BY TAKING IN TO CONSIDERATION OF THE VITAL POINTS OF THOSE DOCUMENTS. THE ATTACHED SINGLE DOCUMENT OF YOURS WOULD NOT SUFFICE, IF YOU REALLY WANT ADVICE OF THE EXPERTS OF THIS FORUM:
1) Your communmication dated, 19.12.1998 was in continuation of and as a supplement to your appeal and the contents of your appeal were not revealed to indicate whether your resignation could be construed to be an unconditional resignation/offer to resign or your appeal contained something which could make your resignation as conditional.
2) Resignation under duress: Only communication received from the management or the contents of the appeal or your specific reference to any verbal instruction by some authority could indicate whether you had to offer resignation under duress.
3) The language of your offer to resign through your letter, dated 19.12.1998, was quite simple and did not show any circumstance under which you offered to resign.
4) Since, your letter, dated 19.12.1998, was related to and in continuation with your earlier appeal, it cannot be seen whether your appeal contained your desire about any specific benefits to flow for your benefit or not.
5) In your case your earlier notice of resignation was not a non-existent entity, as in the referred case, while you were required to cause that non-exitent through specific mention in your communications to the management.
So, first of all, it would not be possible to equate circumstances of your case with those of the case referred to by you. However, in the absence of other related documents, it would be better, if you try to locate some specific case law that may exactly match with your own case, if you want to take benefit of any case law. Otherwise unmatched case laws are normally treated as irrelevant to the case and just make the case weak before the judge to consider any plea based on such cases.
REST DEPENDS ON YOUR OWN DISCRETION AND THE VIEWS OF YOUR OWN LAWYER.
You are, however, welcome if you still have any doubt, but with particular reference to your own case documents.
Wish you best of luck
PS Dhingra
[dcgroup1962@gmail.com]
09968076381
Querist :
Anonymous
(Querist) 27 November 2011
thanks for your comments.yes my contention can be established by going through the other documents.
My letter stated in case in reinstated can be implied as a conditional one .that is the reason bank had stated that I was relieved by accepting my resignation dated 22.06.98 which was rejected in writing so my reileving onn that letter is illegal.
In my appeal i had specefically mentioned that since i hv lost the offer of pvt bank so seeking reinstment in to services so suddendly shooting up this letter within 15 days clearly can be treated as it was submitted under duress just to get rid of stigma of compulsorly retirement v
Guest
(Expert) 27 November 2011
Since due to oversight I could strike the "Enter" key with incomplete reply earlier, you may please read my completed reply now for further information.
Querist :
Anonymous
(Querist) 27 November 2011
Sir ,my earlier resignation was non existent entity since it was rejected in writing on 11.08.98.
My letter dated 19.12.98 has to be read with my appeal for reinstatement and as i was not in service and bank itself confirmed in letter received under RTI that it was an offer which was accepted.My contention that offer to resign/letter seeking permission to resign it self can not be treated as resignation.And it was the result of frustration so as per the judgement it should not be treated as resignation and that it way bank in reply stated about the acceptance of resignation dated 22.06.98 itself and i have document wherein it was rejected. So my bone of contention will be relieving on rejected resignation should be treated as null and void.
Pl advise on this point .
regards
Guest
(Expert) 27 November 2011
Dear Shri Aggarwal,
In fact you are taking one-sided view because you are an affected person. On the other hand, as an non-party persons, we tried to take independendent impartial view by taking in to consideration aspects of both the parties, yourself and the management.
Even on your on own contention, if you consider that your relief should be treated as null & void on your rejected resignation, do you think orders of your reinstatement would partially affect management's adverse action against you only to the extent of cancelling the order on compulsory retirement, but keeping intact the order of rejection of your resignation? Will that not be merely a one-sided view? With the single order of your reinstatement, both the orders of rejection of resignation as well as compulsory retirement are deemed to have been treated as null & void.
Don't forget, judge in a case has also to consider the views of both the sides to arrive at an impartial decision.
In fact, you need to review all the pros & cons(postitive or negative) of your case and make a very clear strategy to fight your case. Merely sticking on a single point, as you try to exert, may not stand to benefit you in any way.
Querist :
Anonymous
(Querist) 28 November 2011
Sir ,
My only point is that when I was not in job from sept to dec so during this period any letter which was only offer /seeking permission can be treated as resignation.
Please refere to views of Mr. Raj
After going through your referred letter as well as of query in the light of relevant provision in vogue, I am of the considered opinion that you were in service as on 19.12.1998 as continuation of your service was treated by way of which you joined on 28.12.1998 but your offer to resign submitted during the period, your services had been terminated, cannot be treated as a resignation because of changed circumstances. So the judgment passed against you is illegal and is liable to be reversed by filing an appeal before the appellate court as per provisions.
regards
Querist :
Anonymous
(Querist) 30 November 2011
My request to RESPECTED dHINGRA JI
Sir,
I would like to add one more point which will confirm my contention that 19.12.98 letter can not be treated as resignation at all.Since my reinstatement orders dated 21.12.98 clearly stipulated one condition that my reinstatement in to the services of the bank has to take effect from the date of my joining which was 28.12.98.besides they did not paid the salary of intervening period.They had specifically issued directions to relieve me positively without fail on the same day of my reporting for duties.
Guest
(Expert) 01 December 2011
Dear Shri Aggarwal,
If you feel that your reinstatement was to effect only from 28.12.1998 (date of your joining back), instead of replying your latest query, I would like to put a straight question to you with reference to your own interpretation:
In that case, in your opinion HOW THE PERIOD OF YOUR ABSENCE between 12.9.98 to 28.12.98 (the respective dates of compulsory retirement and rejoining) should be treated?
Do you think that period would have been treated as break in your service or suspension without any order of the kind about how to treat that period?
Break in service normally entails forfieture of past service. In that case what type of benefit you would be expecting even if the tangle of your resignation letter is decided in your favour as per your own interpretation about reinstatement?
I very well know, you have been duped by the management, but any further misdirection of the case by yourself is not likely to help you, whereas I have already advised you to take help of regular consultation from some service expert by showing all the concerned documents in one go for correct analysis of the case in totality. Communication gap in the absence of complete information is always dangerous, particularly where that concerns the career of a person. In fact your attempt to get help on casual basis through supply of information in piecemeals has been the main cause of communication gap. As of a small example, even after several posts you have not stated anywhere how the management has treated the period of your absence between the date of compulsory retirement and the effective date of reinstatement, when you are shy of showing any of related case papers, except your own small piece of communication.
The very base of management views, as contained in the case documents, are totally absent to be referred by any of the experts here for his independent analysis, as every bit of information you posted is based on your own thinkings.
Querist :
Anonymous
(Querist) 17 January 2012
Dear Shri Dhingra ji
I would like to meet you along with all the documents to get clear picture of my case.
Please provide me your contact nos.
Regards
Rahul Aggarwal
9810629314
Querist :
Anonymous
(Querist) 31 March 2012
Dear Sir,
In the review appeal it was requested to reinstate me in to the services of the bank and it was also mentioned that i had lost the offer of Pvt bank.
My letterdated 19.12.98 was : In furtherence to my review appeal I may be allowed to resign in case reinstated.So my contention is that this letter can not be acted alone and it can be treated as letter seeking permission to resign /intention to resign but not resignation itself .As I Got reinstated on 28.12.98 only after rejoining the duties so I could be relieved only if I had submitted fresh resignation since earlier one in June 98 was rejected in writing.
As per my knowledge reinstatement and resignation can not go hand to hand.Resignation has to accepted from specific date in future.
Please advise now whether the letter dated 19.12.98 can be treated as resignation although service regulations states that one has to take prior permission in writing before resigning so this letter should be taken as seeking permission.
I was restored my employee rights only on reinstatement after getting complusorly retirement orders so how a letter submitted during compulsorly reitered period be treated as resignation.
Pl advise.
Besides even after losing LPA and SLP in limine and Review by wrong Judgement due to error of treating SLP dissmisal as affirmation ,can i file fresh writ for recalling the order since now I have documents to prove that Bank obtained order by misreprentation the facts .
