LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dharmesh Tailor   18 March 2019

Resign from PSB

I have been working in PSB for 1.5 years. I have already given notice period to the bank before 20 days and left with 10 days of my notice period. Now HRD mail me a letter and wants a acceptance from me failing that my resignation application will not move for further action.
Term is as follows
"It is informed that you cannot be deemed to have relieved on expiry of your notice period unless and until a specific communication in this regard is received by you by the management."


 14 Replies

Dr J C Vashista (Advocate)     19 March 2019

The letter is unambigous and clear, submit specific resignation letter.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     19 March 2019

What HR did is correct. Comply with it.

G.L.N. Prasad (Retired employee.)     19 March 2019

If there is no condition for relieving letter from the past employer by the organization where you are going to report for duty, ignore the minor service if any in the present organization.  Also, PSU banks generally insist that you have to obtain prior permission while applying for a job during tenure in PSU, you may face some trouble.  But, I do not think that PSU banks now resort to such action as they wish to reduce such Establishment expenses and busy in the recovery process.  But the way you have applied and resigned is not proper as per your service agreement.  ( If you have applied for a new job during present tenure),    If you have applied for the job prior to prior to taking PSB  and if the present job in PSU is not suitable to your qualification, it may be correct in your angle.

(Assumed that PSB means Punjab and Sind Bank)

1 Like

P. Venu (Advocate)     19 March 2019

What do you mean by "I have already given notice period to the bank". Have you submitted the resignation? What is the Notice Period as per the terms of appointment/Rules of the PSB? Is there any disciplinary proceedings pending against you?


1 Like

Dharmesh Tailor   19 March 2019

Yes sir I have submitted the resignation on 27/02/19 and as per terms i am serving my notice period but bank is saying you will not been relieved even after expiry of your notice period until we give you permision of relieving. My question is what if bank would not relieve me even after days of expiry of my notice period

Dharmesh Tailor   19 March 2019

PSB means public sector bank.

Dharmesh Tailor   19 March 2019

I am giving resignation for civil services preparation and seving my notice period. Bank is saying expiry of your notice does not mean you will be relieved after that until bank gives you the permision for that. I do not have any due or liablity on bank.

P. Venu (Advocate)     19 March 2019

It is the settled law that "To resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the services."

Since you have given the due notice and if  no disciplinary proceedings are pending against you, the authorities are the under the legal obligation to accept your resignation and relieve you on the cessation of the Notice Period.  If no confirmation received, it is a case of deemed acceptance of  the resignation..

You  may apprise the authorities of the legal position, preferably through a lawyer.


G.L.N. Prasad (Retired employee.)     19 March 2019

There is no dispute in settled law.

But if the disciplinary terms and conditions stipulate that he has to obtain prior permission for applying to another job, then it becomes misconduct and they can even now issue show cause notice to delay resignation.

This is just possible and I am sure that every PSB relieves employee after accepting resignation as per notice period.   But, in the case of private sector banks, it is very difficult to get such letters and they make it a point to issue such show cause notice to harass the employee, as they might have spent amounts for training and recruitment and to avoid further repetitions by other officials as these kinds of switching to other jobs is common in Private sector Banks.

P. Venu (Advocate)     20 March 2019

With due respect to Learned Friend Shri GLN Prasad, it is stated that our country is governed by Rule of Law and no employer, public or private, can create service conditions opposed to the ordinary rights of the citizens. There are appropriate legal provisions for the employers to recover the amounts spent towards training etc; it is unethical for any employer to hold acceptance of resignation as a bargaining chip. This is only borne of the  short-sighted approach of the so-called 'HR' persons.

Dharmesh Tailor   20 March 2019

Can I stop going bank after expiry of my notice period and then claim for my relieving certificate. I wish it will never create any problem on my future employment.

P. Venu (Advocate)     20 March 2019

Yes, you can. However, please note that problem is part of life, esp. if you  try to uphold what is 'right'.

G.L.N. Prasad (Retired employee.)     20 March 2019

The proper way is mediating through your Union/Association officials and through your links with higher-ups for amicable settlement.  Avoid friction while taking up fresh employment, as the previous happenings may give bad impressions to the new employer.  Always try for an amicable settlement.

Some Guy   31 August 2020

Hi, I'm facing a similar problem, except, I don't intend to work, I'm looking to enter into family business. Will it be problematic for me? Kindly reply, thanks.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register