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Dear Bahraich,

In the first place, resignation becomes effective only on the date of relief of the resignee from the post he held pursuant to its acceptance by the employer.

Second, an employee may intelligently choose to resign even when he smells some disciplinary action against him as a preemptive measure to avoid the likelihood of getting punished. Therefore, it cannot be simply concluded or generalized that any disciplinary action initiated by the employer after receipt of resignation would be a measure of victimization or after thought only. The facts of the charges and the time it reached the notice of the employer are the factors to decide the appropriateness of the employer's action.

Thirdly, it is discernible that the date of enquiry was 26th February but the suspension date was 31st March, 2020. The above version does not bring out whether the suspension was one pending enquiry or punitive suspension imposed after the conclusion of the disciplinary proceedings.

Since your ultimate query is going in for F&F, shall we presume that you wish to act upon your resignation dt 17-02-2020 despite the suspension effective from 31st March? Your post is silent about the effective date of your resignation, whether it includes actual service of notice period or its buy-out and whether the operation of the suspension is over as of now.

It is upto the employer to accept your already submitted resignation or not. I think that he would not accept the resignation in view of the notice period issue as well as the then pending disciplinary action. Normally, no employer would come forward to accept resignation when some disciplinary action is in progress or when the employee is undergoing any punishment. Some employers may accept it under the magnanimous impression of enogh is enough. It depends.

Well, you can consider submitting a fresh resignation complying with notice conditions.

From India, Salem
Dear Sir ,
I will stand on my previous resignation @17th feb as they have not given any reply when I put my resignation after passing of 72hra I send them by post moreover they have not given me any specific chargesheet for my suspension so shall I prepare to go into legal as they are now harassing me .
Secondly sir I want your opinion that can If i got an opportunity of new job can I join as I have not take any substinaial allowance and on the basis of resignation i can join or not .

From India, Lucknow

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