Can we have some judgment on this point? The resignation or whatever offered by the person before reinstatement becomes null and void after the order of reinstatement? Regards
From India , Delhi
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From India , Delhi
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Actually, what is the issue? One person resigned and was relieved from service. But he rejoined the service. Right? Then what is the issue?
The word reinstatement is used when a person is terminated, and then the termination order is withdrawn, and the employee is 'reinstated' and allowed to continue as if nothing has happened. In this case, there shall be a termination order and then an order reinstating the employee.
Please provide some clarity in the posts.
From India, Kannur
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4480The word reinstatement is used when a person is terminated, and then the termination order is withdrawn, and the employee is 'reinstated' and allowed to continue as if nothing has happened. In this case, there shall be a termination order and then an order reinstating the employee.
Please provide some clarity in the posts.
From India, Kannur
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Dear Madam,
Thank you for your prompt comments. The issue is as follows: an officer received a good offer from another bank and subsequently resigned. At the time of resignation, no disciplinary actions were pending. The officer submitted a reminder to be relieved.
However, with malice, the management issued a chargesheet without providing any cause or notice. Subsequently, the management rejected the officer's resignation and issued compulsory retirement orders.
The officer then filed an appeal to the Appellate Authority, which was rejected. Following this, the officer appealed for a review before the CMD, which was allowed, resulting in the officer's reinstatement into services.
Before issuing the reinstatement, the officer was coerced to submit a letter dated 19.12.98, which is attached here. My contention is that this letter cannot be treated as a resignation at all. The officer will have to submit a fresh resignation after the reinstatement.
The letter of 19.12.98 cannot be treated as a resignation since the officer was not in service on this date and was merely seeking permission to resign, as per the officer service regulations. It is required that during disciplinary proceedings' pendency, one must seek prior written permission before resigning.
I hope the facts are now clear. Please share your comments.
Regards
From India , Delhi
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Thank you for your prompt comments. The issue is as follows: an officer received a good offer from another bank and subsequently resigned. At the time of resignation, no disciplinary actions were pending. The officer submitted a reminder to be relieved.
However, with malice, the management issued a chargesheet without providing any cause or notice. Subsequently, the management rejected the officer's resignation and issued compulsory retirement orders.
The officer then filed an appeal to the Appellate Authority, which was rejected. Following this, the officer appealed for a review before the CMD, which was allowed, resulting in the officer's reinstatement into services.
Before issuing the reinstatement, the officer was coerced to submit a letter dated 19.12.98, which is attached here. My contention is that this letter cannot be treated as a resignation at all. The officer will have to submit a fresh resignation after the reinstatement.
The letter of 19.12.98 cannot be treated as a resignation since the officer was not in service on this date and was merely seeking permission to resign, as per the officer service regulations. It is required that during disciplinary proceedings' pendency, one must seek prior written permission before resigning.
I hope the facts are now clear. Please share your comments.
Regards
From India , Delhi
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Dear Rahul,
Your post contains a lot of words that are very confusing, and the attachment is also not available. What do you mean by compulsory retirement order? Is it a termination order? If so, okay.
Now, against the termination order, the employee appealed to the concerned authority, who upheld the decision. However, the Chairman and Managing Director rejected the order and ordered the reinstatement of the employee. After reinstatement, he was asked to submit his resignation again on 19-12-1998. Since the initial resignation was not accepted due to disciplinary action, he should submit a fresh resignation. This is necessary because there was a termination of employment followed by reinstatement. Therefore, as an employee after reinstatement, he needs to submit a resignation if he wishes to be relieved.
You mentioned that the "Letter of 19.12.98 cannot be treated as a resignation since he was not in service on this date and was seeking permission to resign as per officer service regulations." Why cannot the same be considered a resignation? You mentioned that the "filed review before CMD, which was allowed, and the officer was reinstated back into services." This indicates that he was reinstated into service.
The only issue is that his second letter of resignation was dated before the reinstatement. That resignation followed inducement by the bank's management, making it invalid. The officer can seek assistance from the CMD. This appears to be an old issue, possibly occurring around 24 years ago, and it seems you are still dealing with the technicalities of the matter.
From India, Kannur
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Your post contains a lot of words that are very confusing, and the attachment is also not available. What do you mean by compulsory retirement order? Is it a termination order? If so, okay.
Now, against the termination order, the employee appealed to the concerned authority, who upheld the decision. However, the Chairman and Managing Director rejected the order and ordered the reinstatement of the employee. After reinstatement, he was asked to submit his resignation again on 19-12-1998. Since the initial resignation was not accepted due to disciplinary action, he should submit a fresh resignation. This is necessary because there was a termination of employment followed by reinstatement. Therefore, as an employee after reinstatement, he needs to submit a resignation if he wishes to be relieved.
You mentioned that the "Letter of 19.12.98 cannot be treated as a resignation since he was not in service on this date and was seeking permission to resign as per officer service regulations." Why cannot the same be considered a resignation? You mentioned that the "filed review before CMD, which was allowed, and the officer was reinstated back into services." This indicates that he was reinstated into service.
The only issue is that his second letter of resignation was dated before the reinstatement. That resignation followed inducement by the bank's management, making it invalid. The officer can seek assistance from the CMD. This appears to be an old issue, possibly occurring around 24 years ago, and it seems you are still dealing with the technicalities of the matter.
From India, Kannur
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The concerned officer has been fighting a legal battle for the past 23 years. However, due to judges' vested interests, he is unable to obtain justice as these judges do not mind ignoring the basic established law that once a resignation is rejected, it cannot be acted upon after 6 months. Furthermore, after reinstatement, a fresh resignation is required.
From India , Delhi
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From India , Delhi
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Dear Mr. Madhu,
Mr. Rahul has raised the same query in another thread for which I gave an elaborate reply based on the legal position of a rejected resignation prior to the orders of reinstatement of the same employee in a subsequent termination case. I think he needs a straightforward judgment of the High Court or Supreme Court on this matter. If it is possible, you can cite one.
From India, Salem
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Mr. Rahul has raised the same query in another thread for which I gave an elaborate reply based on the legal position of a rejected resignation prior to the orders of reinstatement of the same employee in a subsequent termination case. I think he needs a straightforward judgment of the High Court or Supreme Court on this matter. If it is possible, you can cite one.
From India, Salem
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