MEENAKSHI PANDA Vs. UCO BANK

JUDGEMENT

(1.) THE brief facts leading to this writ application as delineated therein tends to reveal the following.

(2.) THE petitioner has been working as an employee under opposite party No. 1-United commercial Bank ('bank' hereinafter) since september 26,1977 , her first place of posting being in Bhubaneswar Branch of the Bank. In 2004 when she was continuing as an Officer in scale-Ill in Suryanagar Branch of the Bank at bhubaneswar, she was selected for being posted in an Overseas Center of the Bank, i. e. at singapore on the terms and conditions enumerated in the communication dated May 21, 2004 vide Annexure-1. In terms of annexure-1, the petitioner executed the necessary agreement with the Bank vide annexure-2 and joined as Chief Manager (Trade Finance) at Singapore Main Branch. On september 6, 2007 due to certain personal problems she tendered her resignation from bank's service by the letter in Annexure-3. The bank received and acknowledged the same by its letter in Annexure-4. On September 7,2007 the petitioner wrote a letter to the General manager Personnel, opposite party No. 2 (Annexure-5) requesting him to accept her resignation and adjust her dues to the Bank, i. e. , rs. 10 lakhs as liquidated damages as per the agreement in Annexure 2, from her provident fund contribution, gratuity and by encashment of leave due to her. It is further indicated in the said letter that in case of any shortfall between the amount payable and the amount receivable by her, the same could be debited from her savings bank account at the C. R. P. Headquarters Branch, Bhubaneswar and if there be any amount receivable after clearance of her dues, the same may be credited to her aforesaid S. B. Account. On September 24,2007 the petitioner received a letter from the Chief manager, Singapore vide Annexure-6 stating that the Personnel Department of the Head office had advised the "we have placed the matter before the competent Authority who has declined to accept her resignation from the services of the Bank on consideration of terms and conditions of her posting abroad. " on receipt of Annexure-6 the petitioner sent a representation on September 26, 2007 to the Executive Director (Opposite party No. 3)indicating that the Bank's policy did not prohibit her from submission of her resignation even when she was posted abroad and the petitioner agreed to abide by all terms and conditions of her posting abroad as applicable to her resignation. It was further indicated in the said letter that the petitioner agreed to pay the bond money and ready to be repatriated to India at her own cost and further undertook that she shall not take up employment with the Bank's client or associates of clients subsequent to her resignation from the Bank. She has also expressed her willingness to pay due salary in lieu of notice as applicable under the Bank's rules. The said representation dated September 26, 2007 is annexed as Annexure-7. It was forwarded to the head office. As there was no response, on October 6, 2007, the petitioner addressed a letter (Annexure-9) to the Chief executive (Singapore Operations), indicating therein that she wished to confirm that her last date of service at the UCO Bank was October 6, 2007 and that Annexure-9 may be treated as relinquishment of her employment from the bank. She attached a pay order (Manager's cheque) for SGD 9372. 30 with Annexure-9 being 3 months salary in lieu of notice. She also submitted the keys of her residential accommodation provided to her by the Bank. The petitioner intimated the Chief Executive (Singapore Operations) UCO Bank vide letter dated October 8, 2007 (Annexure-10) that she departed from Singapore to India on flight and provided her mailing address at India therein. But according to her she was surprised to receive a letter dated October 6, 2007 from the chief Manager, Personnel (Annexure-11)indicating therein that she had already been informed about the Bank's decision of not accepting her resignation and that they were neither in a position to accept her resignation nor relieve her until and unless clearance was received from the Head Office. On October 15, 2007 opposite party No. 5 issued a letter (Annexure-12) to the Bank indicating therein that the petitioner be repatriated to India at her own cost and that her resignation would be considered by the Personnel Department as per the guidelines in clause-VI of letter No. ID/ibd/1192/2004. It is stated that on October 22, 2007 the petitioner received another letter from opposite party No. 5 (Annexure-13) on the same line of Annexure-12. On October 29, 2007 she sent a letter to the Personnel Services department, wherein she indicated that she had already relinquished her service at UCO Bank since October 6, 2007. She further intimated therein that she returned to India from singapore on the same date at her own cost. She received a show cause notice dated October 15, 2007 (Annexure-15/1) signed by the Chief manager, Singapore, the petitioner responded to it on November 12, 2007, the contents of which, inter alia, reads as follows: "on October 6, 2007 you submitted a letter mentioning that October 6, 2007 was your last day and you are relinquishing your employment with the Bank. You are not reporting for duties since October 7, 2007. The above act on your part is unbecoming of a Bank Officer. You are hereby called upon to show cause within seven days of receipt of this letter as to why suitable disciplinary action should not be initiated against you for your above conduct. If your explanation is not received within the stipulated period, it would be presumed that you have no explanation to offer and the Bank shall act accordingly. "

(3.) IN response to the show cause, the petitioner submitted her explanation under annexure-16. As the opposite parties are not accepting her resignation and relieving her, she has filed this application, with a prayer to direct the opposite parties to accept her resignation after relieving her from service.