HRIDAYA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was a Staff Officer in Bihar State Cooperative Bank, Patna. He is said to have submitted his resignation on 26.10.2004 which was accepted on the same date i.e. 26.10.2004 by the Managing Director of the Bank, who has been impleaded as Respondent No. 5 in the present writ application. Aggrieved by the said letter dated 26.10.2004 communicating acceptance of the letter of resignation, the petitioner had earlier approached this Court by filing C.W.J.C. No. 15007 of 2004. This Court dealing with the provision of Regulation 32 of Staff Regulations of the Bank came to a finding that there was no evidence on record to show that the said communication dated 26.10.2004 was approved by the Board as contemplated under Regulation 32. Therefore, so that the management as well as the petitioner could get a fair opportunity, the matter was remitted back to the Board by this Court vide an order dated 26.7.2007 with a direction to the Board to give the petitioner an opportunity of hearing and after examining his submission, coupled with the records which are readily available in the Bank and take a decision in this regard and communicate to the petitioner.

(2.) The Respondents, in the light of the said order dated 7.8.2007 have taken a decision on 18.2.2008. Pursuant to which an office order dated 2.8.2007 has been issued by the Managing Director and has been communicated Annexure-23 to the writ application.

(3.) Learned Counsel for the petitioner seeks to confine his submission only to the effect that since the Managing Director did not have the authority to accept the petitioner's resignation, the effective date of his resignation should be treated as date on which the Board approved the resignation.