MEHERSON M MADAN Vs. BANK OF INDIA

JUDGEMENT

(1.) The present application has been filed by the petitioner for a direction to the respondents to accept his resignation submitted by him on April 10, 1993 and to make the final settlement of the service dues. In the said writ application, the Bank filed a counter-affidavit wherein a statement was made that a departmental proceeding has been initiated against the . petitioner on April 11, 1997 and thereafter, the petitioner filed an amendment petition on October 13, 1998 praying therein for quashing of the departmental proceeding initiated against him vide dated April 11, 1997.

(2.) The facts necessary for disposal of the present writ application are that the petitioner was appointed as a temporary clerk/typist at Jamshedpur Branch of the Bank of India vide letter No. JD/29/St/46 dated December 12, 1966 which was extended up to December 22, 1967. Later on he was appointed as a clerical staff of the Bank at Jamshedpur and thereafter he was promoted to the Officer grade in November 1972 and in the meantime, he was : transferred from Jamshedpur to Gauhati. In 1988 he was posted at Paris (France) Branch of Bank of India and he continued there till December, 1992. He was relieved from the Paris (France) Branch on December 4, 1992 . with instruction to report to Zonal Manager, U.P. Zone of the Bank of India. Under the rule he was to be on 96 days overseas leave from December 7, 1992 to March 12, 1993. However, he had reported to Zonal Office, at Lucknow on April 2, 1993. On April 10, 1993 the petitioner submitted his resignation to the General Manager of the Bank of India, Bombay through the Zonal Manager, Lucknow. In the said letter the petitioner stated that he has submitted his resignation from the service of the Bank as from April 10, 1993 itself and he also authorized the Bank to recover any amount legally due from him from the Saving Accounts with the Lucknow Branch. A copy of the said letter has been annexed as Annexure-2 to the writ application. On April 24, 1993 the Zonal Manager of the Lucknow Branch sent a communication to the petitioner informing him that under the Regulation 20(2) of the Bank of India (Officers) Service Relations, 1979 (hereinafter referred to as the Regulations), no officer shall resign from the service of the Bank otherwise than on the expiry of three months from the service on the Bank of a notice in writing of such resignation. In case officer desires to be relieved earlier he has to pay three months emoluments in lieu of the required notice period of three months. As such the petitioner has to pay three months emoluments in lieu of the notice period. The said amount cannot be recovered from the Saving Accounts as the said Accounts has not sufficient balance. He was also asked to pay liquidated damages of Rs. 1 lac as per bond executed by him in connection with posting abroad. A copy of the said letter has been annexed as Annexure-5 to the writ application. The petitioner on receipt of the aforesaid letter informed the Bank by letter dated May 5, 1993 that he has deposited the sufficient amount in his account to meet the amount to be repayable towards the three months' notice. As regard the liquidated damages of Rs. 1 lac he requested the Bank to deduct the same from the terminal benefits and repay the balance to him. A copy of the said latter has been annexed as Annexure-4 to the writ application.

(3.) The stand of the petitioner is that as he had fulfilled the aforesaid two conditions as mentioned in the communication of the Bank dated April 24, 1993 his resignation had become effective from August 5, 1993. He made request to the Bank to make settlement of the terminal benefits by filing a representation but the same was not done, hence he filed the present writ application.