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
From India , Delhi
Actually what is the issue? One person resigned and 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The word reinstatement is used when a person is terminated and then the termination order is withdrawn and the employee is 'reinstated' and allowed to continue as if nothing has happened.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 give some clarity in the posts.
From India, Kannur
4193The word reinstatement is used when a person is terminated and then the termination order is withdrawn and the employee is 'reinstated' and allowed to continue as if nothing has happened.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 give some clarity in the posts.
From India, Kannur
Dear Madam
Thanks for yr prompt comments.
Issue is like this officer got good offer frommother bank and so resigned .Aa on date of resignation no disciplinary action were pending.Officer submitted reminder to get relieved.
Management than with malafides issued chargesheet without any shiw xause notice.
Afterwards management rejected his resignation.and issued compulsory retirement orders
Officer than filed appeal to AA which was rejected and he filed review beforw cmd which was allowed and officer was reinstated back into services.
Before issuing his reinstatement he was induced to submit letter dated 19.12.98 which is attached here.
Now my contention is that this letter can no5 be treatedbas resignation at all.
Officer has to submit fresh resignation after his reimstatement .
Letter of 19.12.98 can not treated as resignation as he was not inservice 9n this date and he was seeking permission.to resign as per officer service regulations where its required that during disc proceedings pendency one has to take prior permission in writing before resigning.
Hope now facts clear.
Pl offer your comments now
Regds
From India , Delhi
Thanks for yr prompt comments.
Issue is like this officer got good offer frommother bank and so resigned .Aa on date of resignation no disciplinary action were pending.Officer submitted reminder to get relieved.
Management than with malafides issued chargesheet without any shiw xause notice.
Afterwards management rejected his resignation.and issued compulsory retirement orders
Officer than filed appeal to AA which was rejected and he filed review beforw cmd which was allowed and officer was reinstated back into services.
Before issuing his reinstatement he was induced to submit letter dated 19.12.98 which is attached here.
Now my contention is that this letter can no5 be treatedbas resignation at all.
Officer has to submit fresh resignation after his reimstatement .
Letter of 19.12.98 can not treated as resignation as he was not inservice 9n this date and he was seeking permission.to resign as per officer service regulations where its required that during disc proceedings pendency one has to take prior permission in writing before resigning.
Hope now facts clear.
Pl offer your comments now
Regds
From India , Delhi
Dear Rahul,
Your post contains a lot of words which are very confusing and the attachment is also not available.
What do you mean by compulsory retirement order? Is it a termination order? Then okay.
Now, against the order of termination, the employee moved the concerned authority who also upheld the decision whereas the Chairman and managing Director rejected the order and ordered for reinstatement of the employee. After reinstatement he was asked to submit resignation again on 19-12-1998. Since the first resignation was not accepted and rejected due to disciplinary action, he should submit a fresh resignation, anyway. This is because in between there was a termination of employment and then a reinstatement. Then, after reinstatement, he is an employee and if he wants to get relieved, he should again submit a resignation.
You wrote that "Letter of 19.12.98 can not treated as resignation as he was not inservice 9n this date and he was seeking permission.to resign as per officer service regulations where its required that during disc proceedings pendency one has to take prior permission in writing before resigning". Why the same cannot be taken as a resignation? You have said that "filed review beforw cmd which was allowed and officer was reinstated back into services." That means he was reinstate in service.
Only things is that his second letter (resignation) was dated before the reinstatement. That resignation was following the inducement by the management of the bank. Therefore, the same is invalid. The officer can approach the same CMD for assistance.
This seems to be an old issue, perhaps something happened some 24 years back and I am afriad you are still behind the technicalities of the issue.
From India, Kannur
Your post contains a lot of words which are very confusing and the attachment is also not available.
What do you mean by compulsory retirement order? Is it a termination order? Then okay.
Now, against the order of termination, the employee moved the concerned authority who also upheld the decision whereas the Chairman and managing Director rejected the order and ordered for reinstatement of the employee. After reinstatement he was asked to submit resignation again on 19-12-1998. Since the first resignation was not accepted and rejected due to disciplinary action, he should submit a fresh resignation, anyway. This is because in between there was a termination of employment and then a reinstatement. Then, after reinstatement, he is an employee and if he wants to get relieved, he should again submit a resignation.
You wrote that "Letter of 19.12.98 can not treated as resignation as he was not inservice 9n this date and he was seeking permission.to resign as per officer service regulations where its required that during disc proceedings pendency one has to take prior permission in writing before resigning". Why the same cannot be taken as a resignation? You have said that "filed review beforw cmd which was allowed and officer was reinstated back into services." That means he was reinstate in service.
Only things is that his second letter (resignation) was dated before the reinstatement. That resignation was following the inducement by the management of the bank. Therefore, the same is invalid. The officer can approach the same CMD for assistance.
This seems to be an old issue, perhaps something happened some 24 years back and I am afriad you are still behind the technicalities of the issue.
From India, Kannur
The concern officer is fighting legal battle since last 23 years but due to judges vested intt he is not able to get justice since such judges do not mimd in ignoring the badic established law that once resignation is rejected it cannnot be acted up9n after 6 months.
And after reinstatement fresh resignation is must.
From India , Delhi
And after reinstatement fresh resignation is must.
From India , Delhi
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 straight judgment of High Court or Supreme Court on this matter. If it is possible you can cite one.
From India, Salem
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 straight judgment of High Court or Supreme Court on this matter. If it is possible you can cite one.
From India, Salem
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