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1999 Supreme(All) 851

V.M.SAHAI
KUMAR ABHAY – Appellant
Versus
UNION BANK OF INDIA – Respondent


Advocates Appeared:
G.C.BHATTACHARYA, SUDHIR AGRAWAL, V.R.Agrawal, Yogesh Agarwal

V. M. SAHAI, J.

( 1 ) THE main question of law that arises for consideration in this petition filed by an employee of the bank is whether the resignation letter of the petitioner was unilateral or bilateral and whether its acceptance by the competent authority was necessary, if so its effect?

( 2 ) THE petitioner after selection was appointed as clerk cum cashier in the Union Bank of India in 1986. When he was posted in Ujiyar branch Ballia he fell ill and was on leave for many months. On 5. 6. 1993 he resigned from service. The letter is neither traceable nor filed. It admittedly did not reach the bank. The petitioner, therefore, sent another letter on 16. 7. 1993 requesting the authorities to accept his resignation as he was still not well. This letter was replied by the Zonal office of the bank on 3. 8. 1993 informing the petitioner that the branch office has informed that the dues mentioned in the letter were outstanding against him which may be cleared to enable the bank to initiate further action on the resignation letter of the petitioner no further action was taken and the petitioner on 30. 5. 1994 withdrew his resignation as he was well and was willing to join duty either a
















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