Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Reinstatement & relieving on resignation that was rejected

(Querist) 26 October 2019 This query is : Resolved 
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.
R aggarwal
Guest (Expert) 27 October 2019
Dear Rahul,

Some purposeful opinion can be formed only after thorough examination of the original Charge Sheet, decision of disciplinary authority on the disciplinary case leading to on compulsory retirement, court order, resignation submitted by the officer, reinstatement, if made, and also the relieving order on acceptance of resignation. Hitting in dark may not help you in any way.

So far as the consequential benefits are concerned that solely depends upon the nature of the order of the trial court. For that purpose also, analytical examination of the court order is quite necessary.

P. Venu (Expert) 27 October 2019
Please post simple facts avoiding subjective opinions.
Sudhir Kumar, Advocate (Expert) 28 October 2019
please give facts of the case.
Sudhir Kumar, Advocate (Expert) 28 October 2019
given facts only indicate that the person was reinstated in the state where his resignation could not be accepted (since you have kept facts secret it is assumed that resignation was not accepted due to pending disciplinary case). On reinstatement no case is spending so resignation is accepted.
Sudhir Kumar, Advocate (Expert) 28 October 2019

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