Ashish Chopra vs State Bank Of India & Ors.

Sudeepti Sharma , J.

The petitioner in the present writ petition filed under Article 226/227 of the Constitution of India is asking for directions to the respondents to allow him to join his duty in SBI, Jalandhar Cantt Branch.

Brief facts of the case as per pleadings in the writ petition are that the petitioner joined State Bank of India as Assistant on 03.01.2009. He tendered his resignation on 24.06.2010 and on 05.07.2010, he moved an application seeking revocation of his resignation. The competent authority accepted his resignation w.e.f 07.07.2010. Thereafter, the petitioner is not working with the Bank. Hence, the present writ petition is filed seeking direction to respondent-Bank to allow the petitioner to join his duties in SBI, Jalandhar Cantt Branch.

Learned counsel for the petitioner contends that at no point of time, the petitioner was informed that his resignation was accepted. It is only by letter dated 01.11.2010 when the communication was sent to the petitioner that his request for withdrawal cannot be accepted and he has been relieved from service on 05.07.2010 that he came to know about the same. He further contends that resignation submitted by the petitioner could be effective only on the date specifically mentioned by the competent authority of the Bank, in the letter of acceptance of said resignation. Further that, since the petitioner exercised his right to withdraw the resignation before its acceptance, therefore, he should have been allowed to continue in service with the Bank. He, therefore prays that the present petition be allowed.

Per contra, learned senior counsel for respondents contends that the competent authority accepted the resignation of the petitioner w.e.f 07.07.2010 and the petitioner participated in Exit Interview. He further contends that the alleged withdrawal of resignation dated 05.07.2010 was never received by the respondents and second withdrawal of the resignation dated 17.07.2010 which was received by the respondents also did not find mention of earlier withdrawal of resignation dated 05.07.2010 submitted by the petitioner, which clearly shows that there was no withdrawal of resignation dated 05.07.2010. Since withdrawal of resignation was dated 17.07.2010 and the resignation was already accepted by the competent authority w.e.f 07.07.2010 as is reflected in the Interview Form as well, which is placed on record with the reply filed by the respondents, therefore, prays for dismissal of the present writ petition.

I have heard learned counsel for the parties and perused the whole file of this case with their able assistance.

A perusal of the file shows that admittedly the petitioner tendered his resignation dated 24.06.2010 on account of his domestic circumstances and requested that the same be made effective w.e.f 30.06.2010. As per pleadings, he submitted his withdrawal of resignation on 05.07.2010 whereas his second withdrawal of resignation dated 17.07.2010 nowhere mentions regarding his withdrawal of resignation dated 05.07.2010, which as per record and the respondents, was never received by them nor second withdrawal of resignation dated 17.07.2010 mentions the date of previous withdrawal or any reference regarding the same. And admittedly after 30.06.2010, from the date the petitioner sought resignation, he did not go to office. The withdrawal of his resignation is dated 17.07.2010 before which his resignation was accepted w.e.f 07.07.2010 by the competent authority. Thereafter, after the acceptance of the resignation of the petitioner, he is not working with the respondents. And admittedly, the resignation of the petitioner is accepted before its withdrawal and communicated to the petitioner as well.

In view of the above, I do not find any merit in the present writ petition and the same is dismissed.

Pending application (s) if any also stands disposed of.