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2008 Supreme(Pat) 1728
PATNA HIGH COURT
Chandramauli Kumar Prasad and Mihir Kumar Jha JJ.
Chandraditya Nath Das
Versus
State Of Bihar
Letters Patent Appeal No. 47 of 2007
Decided On : DECEMBER 3, 2008
The main legal point established in the judgment is that the acceptance of resignation with immediate effect was without jurisdiction, and the letter of resignation was not voluntary and unconditional.
Headnote:
resignation - service dispute - Koshi Kshetriya Gramin Bank (Staff) Services Regulation, 1980 - The court discussed the acceptance and withdrawal of the resignation, the legal provisions under the Koshi Kshetriya Gramin Bank (Staff) Services Regulation, 1980, and the appellant's mental condition. The court found that the letter of resignation was not voluntary and unconditional, and the acceptance of resignation with immediate effect was without jurisdiction. The court set aside the impugned order and allowed the appeal, quashing the acceptance of resignation and directing reinstatement in service, while allowing the bank to pursue the disciplinary proceeding initiated against the appellant.
Fact of the Case:
The appellant, an officer at Koshi Kshetriya Gramin Bank, submitted a letter of resignation under compulsion after being served with a memo of charge. The bank accepted the resignation, but the appellant subsequently sought to withdraw it, citing coercion and mental strain. The bank did not respond to the appellant's representations and instead questioned his mental condition. The appellant filed a writ application seeking to quash the acceptance of resignation and be reinstated in service.
Finding of the Court:
The court found that the letter of resignation was not voluntary and unconditional, and the acceptance of resignation with immediate effect was without jurisdiction. The court set aside the impugned order and allowed the appeal, quashing the acceptance of resignation and directing reinstatement in service, while allowing the bank to pursue the disciplinary proceeding initiated against the appellant.
Issues: The issues revolved around the acceptance and withdrawal of the resignation, the appellant's mental condition, and the bank's actions in response to the appellant's representations.
Ratio Decidendi: The court held that the letter of resignation was not voluntary and unconditional, and the acceptance of resignation with immediate effect was without jurisdiction. The court set aside the impugned order and allowed the appeal, quashing the acceptance of resignation and directing reinstatement in service, while allowing the bank to pursue the disciplinary proceeding initiated against the appellant.
Final Decision: The court allowed the appeal, quashing the acceptance of resignation and directing reinstatement in service, while allowing the bank to pursue the disciplinary proceeding initiated against the appellant.
Mihir Kr.Jha, J.
1. This appeal arises out of an order dated 21.12.2006 passed in C.W.J.C. No. 9690 of 2001, whereby and whereunder, the writ application of the appellant-writ petitioner came to be dismissed holding that withdrawal of his resignation from service subsequent to the acceptance of his letter of resignation was not permissible either on fact or in law and as such the appellant- writ petitioner was not entitled for the relief as prayed for by him in the writ application.
2. Before this Court would decide the controversy in issue, it would be necessary to notice some of the relevant fact. The writ petitioner originally appointed as Clerk-cum-Cashier in Koshi Kshetriya Gramin Bank (hereinafter referred to as the Bank) some time in the year 1978 came to be promoted to the post of Officer in the Bank and on 4.7.2000 he was served with a memo asking him to explain certain allegations with a direction to submit his explanation within a period of three days, as to why disciplinary actions be not initiated against him. The appellant- writ petitioner on 8.7.2000 had submitted incomplete reply seeking a few months time to submit his detail explanation. On receipt of the said incomplete explanation, the General Manager of the Bank vide letter dated 18.7.2000 had granted him fifteen days time to submit his explanation by enclosing copy of the earlier memo dated 4.7.2000. It appears that petitioner had filed an exhaustive reply to the allegations contained in the said memo on 4.7.2000 and while the same was still under consideration of the Bank, another memo dated 25.9.2000 was issued by the Bank as with regard to a separate allegation and in reply thereof the petitioner filed his letter dated 3.10.2000 in which he had not only denied the allegation but had also made direct allegation against the Chairman of the Bank that he (Chairman) seems to be desperate to remove the petitioner from the Bank and as such he was left with no other alternative but either to resign from services of the Bank or to move to higher authorities for redressal of his grievances. It is only after the aforementioned threat of resignation was given by the petitioner, a memo of charge contained in HO/DAW/255/2K-01/ 115 dated 20.10.2000 was issued against the petitioner by the Bank in purported exercise of power under Regulation 30 of Koshi Kshetriya Gramin Bank (Staff) Services Regulation, 1980. Such memo of charge accompanied by Articles of charges would go to show that the petitioner was subjected to disciplinary proceeding for some serious misconduct. The charges against the petitioner, however, having a direct bearing on the result of this appeal and as such the same is needed to be quoted hereinbeiow: ARTICLE OF CHARGES
1. Despite knowing the fact that Shri Raj Narayan Prasad, the then Branch Manager, Sattar Branch was a direct recruitee Officer of the Bank, Shri C.N. Das wrote a letter dated 18.7.85 to Head Office that he will not work under him, only because Shri Prasad had joined the Bank after him. Thus Shri Das deliberately and knowingly had shown disrespect to his senior officer violating Regulation 17 of Kosi Kshetriya Gramin Bank (Staff) Service Regulaions, 1980.
2. Shri C.N.Das while on deputation to Saharsa Branch refused in writing vide his letter dated 27.4.95 to discharge the assigned job of Clerk- cum-Cashier. Branch Manager, Saharsa also alleged that Shri Das was never cordial with the staff members of the branch as well as the customers. It is also alleged that he abused the then Br. Manager, Saharsa on 28.4.95 keeping aside all the sanctity of the office. His undesirable actions compelled the then Area Manager for recommending his transfer to some other place for the sake of peace and restoring working atmosphere in the branch.
3. Shri C.N. Das wrote a letter to Chairman, Kosi Kshetriya Gramin Bank dtd. 11.12.85 which is quite eratic, irrelevant and meaningless. The brief contents of the letter is mentioned hereunder. (a) Th
