Dear Friends, I need some case laws or law point confirming that when an officer is reinstated back into the services after getting earlier orders of compulsory retirement issued by DA & AA set aside, he can not be relieved immediately on the day of reinstatement without taking fresh resignation.
Any resignation in whatsoever form submitted before his reinstatement and not accepted in writing due to disciplinary proceedings becomes null & void on reinstatement and can not be acted upon.
In any case, resignation not accepted due to disciplinary proceeding becomes null on the award of punishment or after three months of date of resignation.
Please confirm my above contentions.
From India , Delhi
Any resignation in whatsoever form submitted before his reinstatement and not accepted in writing due to disciplinary proceedings becomes null & void on reinstatement and can not be acted upon.
In any case, resignation not accepted due to disciplinary proceeding becomes null on the award of punishment or after three months of date of resignation.
Please confirm my above contentions.
From India , Delhi
Dear Rahul,
Resignation, being an offer of unilateral termination of the contract of employment by an employee, once refused acceptance on any valid ground like pending disciplinary proceedings, non- adherence to notice conditions, non-completion of minimum period of service after on the job training etc., and thus rejected by the employer, the rejection is final. Particularly, when the employee contests the punishment of involuntary termination like compulsory retirement in Court of Law and gets an order of reinstatement, the employer cannot relieve him on his reinstatement as per the orders of the Court by taking recourse to his earlier resignation which was already rejected in view of the disciplinary proceedings. In fact both the resignation and the desciplinary proceedings become non-est on the dates of rejection and orders of reinstatement by the Court respectively.
The above is the legal position. Finding a case law exactly with a similar situation is very laborious. You may straight away file an appeal to the appellate authority in the organization simply on the above ground. If it's not fruitful, you can seek judicial remedy in which case your lawyer would be able to find the case laws in support of the above contention.
From India, Salem
6016Resignation, being an offer of unilateral termination of the contract of employment by an employee, once refused acceptance on any valid ground like pending disciplinary proceedings, non- adherence to notice conditions, non-completion of minimum period of service after on the job training etc., and thus rejected by the employer, the rejection is final. Particularly, when the employee contests the punishment of involuntary termination like compulsory retirement in Court of Law and gets an order of reinstatement, the employer cannot relieve him on his reinstatement as per the orders of the Court by taking recourse to his earlier resignation which was already rejected in view of the disciplinary proceedings. In fact both the resignation and the desciplinary proceedings become non-est on the dates of rejection and orders of reinstatement by the Court respectively.
The above is the legal position. Finding a case law exactly with a similar situation is very laborious. You may straight away file an appeal to the appellate authority in the organization simply on the above ground. If it's not fruitful, you can seek judicial remedy in which case your lawyer would be able to find the case laws in support of the above contention.
From India, Salem
The first thing is that the person was not retiring rather terminated by the management. The person is to be treated as same prior to disciplinary action and was one sided decission.
The resignation or whatever offered by the person becomes null and void after the order of reinstatement. Further, the management did not accept the resignation when it was tendered, because management wanted for a capital punishment but not simply let go or exit.
The management should challenge, if not satisfied with reinstatement order. Prior to that the management should have all possible facts and figure that did not come during the disciplinary proceedings and the suggestions from the EO.
From India, Mumbai
The resignation or whatever offered by the person becomes null and void after the order of reinstatement. Further, the management did not accept the resignation when it was tendered, because management wanted for a capital punishment but not simply let go or exit.
The management should challenge, if not satisfied with reinstatement order. Prior to that the management should have all possible facts and figure that did not come during the disciplinary proceedings and the suggestions from the EO.
From India, Mumbai
Dear Sir
Further to my query which was promptly replied. I am attaching herewith copy of letter submitted by officer after submitting his review request for reinstement back in to services . On this date of letter officer was not in service due to being compulsory retired. He got reinstated only on 28.12.98 when he joined thev duties after getting reinstememnt orders on getting his revie allowed by chairman.
His earlier resignation submitted before issue of chargesheet was rejected in writing in august 98 itself.
Managemet relived him on the same day of his rejoning the duties after rein statement by accepting hus resignation. They have treated letter dated 19.12.98 as resignation which i feel is totally illegal as after reimstatement one has to submit fresh resignmation.
Secondly the ketter dated 19.12.98 was for reinstatement means not a volunatary act while resignation has to be voluntary and when officer was not in service on 19.12,98 so this lerter can not be taken as resignatiion at all . This letter was in furthertance to his review request so it can be taken only as part of review .
Last point that resignation and reinstatement can not go hand in hand ,
Please study this letter and advice /confirm my contention that this letter by no means can be treated as resignation.
This oficer is fighting legal battke since last 23 tyears . Your kind advuce will help him inn pleading his case successfully.
Thanks.
From India , Delhi
Further to my query which was promptly replied. I am attaching herewith copy of letter submitted by officer after submitting his review request for reinstement back in to services . On this date of letter officer was not in service due to being compulsory retired. He got reinstated only on 28.12.98 when he joined thev duties after getting reinstememnt orders on getting his revie allowed by chairman.
His earlier resignation submitted before issue of chargesheet was rejected in writing in august 98 itself.
Managemet relived him on the same day of his rejoning the duties after rein statement by accepting hus resignation. They have treated letter dated 19.12.98 as resignation which i feel is totally illegal as after reimstatement one has to submit fresh resignmation.
Secondly the ketter dated 19.12.98 was for reinstatement means not a volunatary act while resignation has to be voluntary and when officer was not in service on 19.12,98 so this lerter can not be taken as resignatiion at all . This letter was in furthertance to his review request so it can be taken only as part of review .
Last point that resignation and reinstatement can not go hand in hand ,
Please study this letter and advice /confirm my contention that this letter by no means can be treated as resignation.
This oficer is fighting legal battke since last 23 tyears . Your kind advuce will help him inn pleading his case successfully.
Thanks.
From India , Delhi
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