Releiving on rejected resignation

RAHUL AGGARWAL (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rejected my resignation and afterwards issued compulsorily retirement orders.By this time my offer of pvt bank was withdrawn so i rebutted all the charges with documentary evidences and submitted appeal for reinstatement which was rejected although I did highlighted that there was no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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Isaac Gabriel (Expert) 08 September 2011
Without information about the nature of charge under which enquiy was ordered, it may not be possible to render advise.

RAHUL AGGARWAL (Querist) 08 September 2011
now client is not going to raise inquiry issue.issue is of relieving on rejected resignation.

Raj Kumar Makkad (Expert) 08 September 2011
If resignation has been rejected, one cannot get relieving letter. Relieving is last action to be initiated after duly accepting resignation and completing all formalities connected thereto.

prabhakar singh (Expert) 09 September 2011
Expert : raj kumar makkad has rightly viewed the matter.

Guest (Expert) 09 September 2011
Dear Rahul,

It is a repeated query, which has already been replied by experts appropriately.

However, with reference to your supplementary query, if the client has some written proof of his being compelled to give undertaking to resign on reinstatement on consideration of his review application to the chairman, he definitely has a strong case against the authorities having played a fraud with him.

Raj Kumar Makkad (Expert) 09 September 2011
It is very difficult for any employee to prove the fraud played by his bosses against him and compelling him to resign so scope of establishing fraud is very thin otherwise also an employee cannot 'purchase' legal battle for such a long time. He has to work in one or other organization.

RAHUL AGGARWAL (Querist) 09 September 2011
my point is whether one can approach high court on the basis of letter of bank that states that officer was relieved by accepting his resignation dated 22.06.98.while that resignation was rejected in writing on 11.08.98.as relieving on rejected resignation is illegal.
second point is that if letter written during period of compulsorily retirement can be treated as resignation.according to my knowledge when one is not in service due to compulsorily retirement so any letter submitted during this period can not be treated as resignation at all.court earlier ignored this basic fact so whether he can approach court again clarifying this basiuc point.

Raj Kumar Makkad (Expert) 09 September 2011
He can approach court and can also file an application under section 340 Cr. PC initiating a strong criminal action against relevant bank officials who filed a wrong reply and affidavit before the court and obtained the order as per their whims and wishes. This is a fraud with the court so move ahead.

I do agree with you that if one is not in service due to compulsory retirement, no question arises to submit resignation.

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

Sudhir Kumar, Advocate (Expert) 08 October 2013
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Releiving on rejected resignation

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