REWA SIDHI GRAMIN BANK Vs. REJENDRA PRASAD SAXENA

JUDGEMENT

(1.) THE present appeal arises out of the judgment and decree dated March 8, 1991 passed by the District Judge, Rewa, in Civil Appeal No. 30-A of 1990 reversing the judgment and decree dated January 12, 1990, passed by Second Civil Judge, Class II, Rewa, in Civil Suit No. 134-A/89.

(2.) THE plaintiff-respondent was working as Branch Manager of Rewa Sidhi Gramin Bank, a bank incorporated under Regional Rural Banks Act, 1976. On November 22, 1982 he submitted his resignation (Ex. P6) making it "effective after the expiry of three months". But it was accepted by the Chairman of the Bank on November 23, 1982 vide letter (Ex/. P-8) mentioning therein that "three months' notice has been waived". Next day, i. e. on November 24, 1982 the plaintiff-respondent withdrew his resignation by letter Es. P-7 stating therein "honestly I want to continue my services and request to treat my resignation as null and void". The plaintiff-respondent again addressed his letter dated December 3, 1982 (Ex. P-11) to the Chairman of the Bank inviting his attention to the legal position that the acceptance of the resignation is "illegal" and to treat the same as cancelled. He also preferred an appeal (Ex. P9) to the Board of Directors and that was rejected in its meeting held on February 4,1983 and the decision of the Board was communicated to the plaintiff by letter dated April 1, 1983 (Ex. P-10 ).

(3.) ACCORDING to the plaintiff-respondent his resignation could not be legally accepted before the expiry of the period of three months from November 22, 1982. On the other hand the defendants-appellants' plea was that Regulation 10 of the Staff Service Regulations, 1980 called "rewa Sidhi Gramin Bank (Staff) Service Regulations, 1980" (hereinafter referred to as the 'service Regulations'), the bank could waive the notice period and in view of the matter the resignation was legally accepted on November 23, 1982. Once it having been accepted, it could not be withdrawn by the letter dated November 24, 1982 or December 3, 1982.