raman kundu (po) 05 February 2015

Acceptance of resignation

I worked in a bank for two years during which I had to remain on loss of pay for almost 10 months due to health issues and family problem. I was on leave since Aug 2014 as my father was ill and I informed the bank through mail that I am having some issues and won't be able to attend the duties but from their side leave was not sanctioned. In December they send me a chargesheet for being on leave for such a long time and asked for explanation. As my domestic conditions were not allowing me to join the duties I sent them resignation letter on 26.12.14. The notice period during probation is one month. So I inquired about acceptance of resignation after two moth then I was told as I was chargesheeted they did not forward the resignation letter. Moreover I was chargesheeted only because of I was not able to attend my duties and for the same reasons I am resigning so for what reasons they can hold the resignation letter and not forward it to the head office for further compliance. Do they have the authority to hold the resignation letter in this case.I am having some amount of money in my of account which I can apply for after acceptance of resignation only. Please suggest what should be my course of action. I will be thankful to you.

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4 Replies

Kumar Doab (FIN) 05 February 2015

Is your follow up and reply to you verbal?

Get in touch with your employee's union leaders and understand the rules and options and remedies and try to get separated with their support.

You should have replied to chargesheet preferably the reply should have been drafted by an able counsel..............

Leave application for long/prolonged period siting some issues is vague.................and irresponsible!

The resignation is to be submitted to appointing authority..............!

if you submitted it to the manager designated as forwarding authority as in your service rules then you may inform the appointing authority.....................

As per internal policies of the bank it may not accept resignation of charge sheeted employee!

Seek counsel of an able lawyer in person.

raman kundu (po) 05 February 2015

Thanks for the reply. Yes . Follow up conversation was verbal. I had replied for the chargesheet along with letter of resignation. My reply was that I informed the bank twice through mails but leaves were not sanctioned. And the circumstances did not allow me to come to office. And now unions will not be of much use as I am resigning from the service. I had sent the resignation to zonal office. Shall I forward it to head office with a reminder to zonal office? Will it be of any use???

Kumar Doab (FIN) 08 February 2015

As per your service rules : One would be appointing authority, and there might be rules on to whom resignation should be submitted.............and who shall forward it............and who shall accept it...............then there is good office of MD,Chairman..................

Since as per you.................you have replied to the charge sheet and if ......................subsequent to your reply.................there is no communication on record you can escalate and request to accept...............

The unions leaders can still be of help and may intervene to get it accepted....

If there is no relief by good offices............the bank may decline to accept your explanation and leave you to struggle with penultimate order of say.................termination..............

raman kundu (po) 08 February 2015

Now what they have done is they have recalled the chargesheet issued on 19 dec saying due to administrative exigencies. And then issued a fresh chargesheet on 31 January. Inbetween I sent my resignation on 26 th of December. Now I have sent the reply for new chargesheet that as I have already resigned on Dec 26 so I am not liable to reply for any chargesheet issued after that date. And requested for my resignation letter to be forwarded without any further delay as advised by someone having legal expertise. What should be my next step if they still don't forward or accept?? Yours suggestions are very valuable.