RABINDRA NATH SHUKLAM Vs. VAISHALI KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) THE petitioner is an employee of the Vaishali Kshetriya Gramin Bank. In this writ petition he seeks to challenge a communication from the Chairman of the Bank dated 27.10.2001 (Annexure 15) by which his resignation from the bank 'sservice was accepted with effect from the date of communication. According to the petitioner, there was no question of accepting his resignation because he had withdrawn his resignation before it could become effective on being accepted by the competent authority.

(2.) THE material facts of the case are brief and simple. The petitioner tendered his resignation from the service of the bank by letter, dated 10.9.2001. Although it was stated in the letter that he intended to resign from immediate effect and a request was made to settle his accounts without delay, it is not in dispute that the resignation could be effective only on being accepted of the competent authority. A perusal of this letter makes it evident that at that time the petitioner was in a highly strung state of mind. Later, on 21.9.2001 the petitioner sought to withdraw his letter of resignation, stating it was submitted by him in an agitated condition. A few days later he was put under suspension by memo, dated 25.9.2001 in contemplation of a disciplinary action against him on charges of misbehaviour with his superiors.

(3.) SO far the relief sought in this writ petition is concerned the petitioner seems to be on firm grounds but from the materials on record it appears that for a long time the petitioner 's relationship with the bank has been far from cordial and harmonious. According to the petitioner the authorities in the bank declared him of unsound mind and sent him for check up. He was also referred to Mental Hospital at Kanke, Ranchi, from where he finally obtained a certificate of fitness to resume duties.