Civil Procedure Code (CPC)

resignation from a govt. bank

This query is : Resolved 
 


Querist : Anonymous (Querist)
19 November 2010

I am working in a Government bank as asst manager. I want to resign from the bank; but there are chances that bank will not relieve me. The reason may be my handling loans/advances portfolio; it is very easy to pick an issue especially related to portfolio which i handle and on that pretext; they will not relieve me. Some of the cases are already there faced by some of my collegues.
I am hopeful of getting good placement in some private banks; what if my bank does not relieve me if i submit my resignation.
Can a private bank employ me without relieving order from my present employer which is a govt bank.
kindly help me urgently.


Sri Vijayan.AOnline (Expert)
19 November 2010

No one accept/ appoint anybody with relieving order.

Devajyoti BarmanOnline (Expert)
19 November 2010

It depends.If the circumstances so demands the private bank may employ you even without the release letter. Career of an employee can not be held in ransom by the employer.


Querist : Anonymous (Querist)
19 November 2010

thanks for the reply; I wish to get some more information
If a private bank asks for a NOC from my present employer; which is a govt. bank.; what if they do not issue; what are my options to get it.

What if i submit my resignation with required 3 months notice period; and bank does not relive me; can i leave the organisation without getting the relieving orders.

What if bank initiate some inquiry and on that pretext they can say you cannot leave the organisation.
What if i offer to give undertaking to co-operate with any future queries by the bank.



Devajyoti BarmanOnline (Expert)
19 November 2010

1. You have no option but to convince your erstwhile epmloyer to issue release letter if the new employer insist for such letter.
2.yes
3.They can do so only if the Rules and Regulations of the Bank so provides. No one can restrain an employee to leave it. If the employee is in fault then the employer at the best may not release his dues and benefits or deduct some amounts towards compensation.
4. It depends upon the emplouer to decide whether it would suffice or not.


Querist : Anonymous (Querist)
20 November 2010

thanks sir; it almost gave me a clear picture where i stand; u have helped me a lot.

rahul

s.subramanian (Expert)
20 November 2010

I disagree. an employee cannot insist on relief before the expiry of the notice period. The bank has the right to take a decision on the resignation (whether to accept or reject) till the last date of that period. You have to wait till then with crossed fingers. You cannot hush up things for your advantage alone. New employer also cannot take you into service till you are properly and officially relieved from the present post. You are deemed to be in the service of the bank till you are officially relieved. When the employment has been taken up subject to these conditions you cannot cry hoarse now that you are being held to any ransom. If the bank resorts to any arm twisting tactics to retain you with them,it is always open to you seek appropriate legal remedy.

Chanchal Nag Chowdhury (Expert)
20 November 2010

I fully agree with Mr. Subramanian.

malipeddi jaggaraoOnline (Expert)
20 November 2010

I fully agree with Mr.Subramanian. Your questions are on hypothetical basis. Have u any offer on hand from any private bank? You have to think twice before leaving a nationalised bank as the health of nationalised banks is better than the private sector banks and the salaries of employees may also slowly be on par with private banks. Unless there is a proven misconduct, generally nationalised banks will not witchhunt the employee if he really wish to leave them for better opportunities. My advice to u is first u decide whether to leave the present bank or not. If u decide to leave for better opportunity, as Mr.Subramanian advised, you have to serve notice as per your service regulations and wait till the time is lapsed. Bank will definitely finalise ur request before the notice period. If u can not wait till then, u represent to your present bank that u are aready to pay the amount in lieu of notice period and request them to relieve you. They may not do it instantly but it will reduce your waiting. Banks will not initiate disciplinary actions simply because u wish to leave them unless they find some grounds of malafide intentions attributable to you. It is true that they may scan through the portfolio handled by u for which u need not be panicky. You can think of those things whenever they materilise. In the meanwhile decide first either to leave the present bank or not. You have not clearly mentioned whether u have any offer on hand. Without any offer on hand thinking these consequences is foolish. Think about the problem when u come across, till then treat everything routine and if u really wish to resign do it in a routine manner.

Devajyoti BarmanOnline (Expert)
20 November 2010

The joining in a new job without release letter depends upon the HR Policy of the particular company.The new company can always forego the release letter by twisting its HR Policy but what requires inevitably is the duly accepted resignation letter. There is no law in prevalence that a new employee without the release letter can not be inducted in a new organisation. The new company nevertheless asks for such release letter to establush the credential of the inducted employee which it can compromse if it so wishes.

Parthasarathi Loganathan (Expert)
20 November 2010

I reproduce the statement of the author,
Quote:

"I want to resign from the bank; but there are chances that bank will not relieve me. The reason may be my handling loans/advances portfolio; it is very easy to pick an issue especially related to portfolio which i handle and on that pretext; they will not relieve me. Some of the cases are already there faced by some of my colleagues."

unquote:

In my opinion, I understand that:

(a) There is an apprehension on his part of his direct or indirect involvement in some irregularity or other.

(b) He expects some action from his employer for his conduct on account of negligence or dereliction of duties.

If these statements are correct, in no way bank will entertain even resignation from the employee till all charges are cleared. Else, I concur with the opinion of our learned friends Mr.S.Subramaniam, Rao and Barman da.



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