S PRABHAKAR RAO Vs. BANK OF BARODA BARODA

JUDGEMENT

(1.) THE petitioner was appointed as an officer in the Bank of Baroda in the year 1970, by the General Manager, the Head Officer of which is at Bombay. Thereafter, he was sanctioned leave which was to come to an end on 3rd July, 1983. The petitioner by his letter dated 21st June, 1983 sought for two and half years study leave. It was also stated in that letter in case of non-acceptance for sanctioned leave, the letter itself may be treated as resignation and his termination benefits be settled. However, after nearly four years, on 31st January, 1987, he has addressed the authorities requesting them to permit him to join duty. Thereafter, the Assistant General Manager, by his letter dated 19th June, 1987 said that his resignation was effective from 21st June, 1983. Challenging the same, the present writ petition was filed on 21st March, 1988.

(2.) IT seems that thereafter a letter dated 9th March, 1988, was received by the petitioner from the office on 25th March, 1988, stating that the petitioner is required to submit his assets and liabilities statement on or before 15th March, 1988, otherwise the authorities will be taking necessary action in the matter. This letter was issued by the Regional Manager.

(3.) THE learned counsel for the petitioner has advanced three - fold contentions viz. , (1) the petitioner was appointed admittedly by the General Manager and therefore acceptance of the resignation by the Asst. General Manager is illegal as he has no jurisdiction to do so, (2) Acceptance of the resignation after withdrawal is bad, (3) Once the authority have required the petitioner by letter dated 9th March, 1988 directing him to submit the assets and liabilities statement, it must be deemed that he has been continued in service.