ADITYA NATH BANERJEE Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This appeal arises out of the judgement and order dated August 18, 2005 passed by the learned Single Judge whereby and whereunder the writ petition filed by the appellant herein was dismissed.

(2.) The principal question involved in this appeal is when the resignation submitted by the appellant would become effective. It has been specifically urged on behalf of the appellant that the resignation submitted by the said appellant could be effective only on the date specifically mentioned by the competent authority of the bank in the letter of acceptance of the said resignation of the appellant herein but since the said appellant exercised his right to withdraw the resignation before the said resignation became effective, the resignation submitted earlier by the appellant should be treated as withdrawn and the appellant should be allowed to continue in the service of the bank.

(3.) From the records it appears that the appellant submitted a letter of resignation in plain paper on 11th October, 2001 and subsequently on 28th December, 2001 submitted his resignation in the prescribed form and manner through proper channel. The Branch Manager of the bank by written communication dated 12th June, 2002 informed the writ petitioner that the appropriate authority of the bank has been pleased to accept the resignation of the said appellant from Bank's service with immediate effect but in the said communication it was also specifically mentioned that the appellant would retire from the branch from the close of the business on 15th June, 2002. The said letter of the Branch Manager of the bank dated 12th June, 2002 is set out hereunder: <FRM>JUDGEMENT_234_CALHN2_2007Html1.htm</FRM>