MARWAR GRAMIN BANK Vs. SURESH CHANDRA JOSHI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE facts in brief are that the respondent-petitioner was in the service of the appellant Bank since he joined in pursuance of appointment letter dated January 15, 1981 was issued to him. On June 14, 1982, the said incumbent submitted the letter of resignation informing the appellant that he has been selected by the Life Insurance Corporation as a Development Officer so he is resigning from the service of the Bank with immediate effect. As a parting pleasantry he also made request that in case he is not satisfied with his new job he may be given a new appointment. Thereafter, the petitioner joined the services of the Life Insurance Corporation on June 16, 1982. The petitioner-respondent received a letter dated June 10, 1983 (Ex. 7) from the Bank stating that his resignation dated June 14, 1982 has not been accepted by the employer and therefore he is being treated as absent from duty since June 14, 1982. He was called upon to report on duty with a stipulation that failing which disciplinary proceedings will be initiated against him. In response to said letter the respondent-petitioner presented himself for joining duty and he was allowed to join duty on June 17, 1983. Before rejoining the services the petitioner resigned from the services of LIC vide his letter dated June 16, 1983 (Ex. 8 ).

(3.) AFTER the petitioner joined the services of the Bank again, he was served with a chargesheet (Ex. 10 ). The five charges levelled against the petitioner-respondent were: (1) that the petitioner without consent of the Bank resigned from the services and joined the services of LIC w. e. f. June 16, 1982 contrary to the terms of the agreement, (2) that the petitioner remained unauthorisedly absent from duty from June 14, 1982 to June 16, 1983, (3) that the petitioner has taken a loan from the Bank and the date on which he has submitted his resignation a sum of Rs. 2113. 50 was due which became payable in one instalment in case of resignation but the same has not been paid, (4) that the petitioner has not made available to the Bank his new address and because of that the letters earlier sent to the petitioner were returned unserved, and (5) that the petitioner has given his services to the LIC from June 16, 1982 to June 13, 1983 without consent of the Bank. For the aforesaid misconducts, an enquiry was instituted. After submitting the reply and holding of an enquiry, the services of the petitioner from the Bank were terminated by order dated April 11, 1984 in the following terms: (Vernacular matter omitted)