IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2021

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH

W.P. No.5934 of 2009

and

M.P. No.1 of 2009

M.Sultan Mohideen

....Petitioner

Vs.

1. Central Bank of India,

Rep. by its Chairman &

Managing Director,

Head Office, Chander Mukhi,

Nariman Point,

Mumbai – 400 023.

2. The General Manager,

Central Bank of India,

Zonal Office, Montieth Road,

Chennai – 600 008.

3. The Assistant General Manager,

Central Bank of India,

Regional Office,

Rahejha Complex III Floor,

69, Anna Salai,

Chennai – 600 008.

....Respondents

Prayer: Writ Petition filed under Article 226 of the

Constitution of India praying to Writ of Certiorarified Mandamus

to call for the records from the files of the 3^rd respondent in

respect of his impugned proceedings bearing RO:HRD:2008-09/357

dated 2^nd June 2008 imposing on the Petitioner the punishment of

Removal from the bank’s services and quash the same and

consequently direct the respondent’s Bank to settle all the

terminal benefits and all other claims and payments pending

settlement and accruing to the Petitioner.

For Petitioner :

Mr.K.M.Ramesh

For Respondents :

Mr.Anand Gopalan, for

M/s.T.S.Gopan and Co.

https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The petitioner was employed with the Central Bank of India

(CBI), Coonoor Branch as a Senior Manager. The terms and

conditions of the petitioner’s employment are governed by the

Central Bank of India (Officers’) Service Regulations, 1979

(Regulations). On 05.03.2007, he submitted a letter of

resignation seeking to resign from the services of the Bank.

Regulation 20 (2) provided for a notice period of 90 days, upon

expiry of which, the employee stands relieved automatically.

2. There is no dispute on this position and Regulation 20

(2) states as follows:

“20- Termination of Service

(1)………….

(2) An officer shall not leave or discontinue his

service in the Bank without first giving a notice in

writing of his intention to leave or discontinue his

service or resign. The period of notice required

shall be 3 months and shall be submitted to the

Competent Authority as prescribed in these

regulations.

Provided further that the Competent Authority

may reduce the period of 3 months or remit the

requirement of notice.”

3. Regulation 20 (2) provides for automatic resignation upon

the employee seeking the same, with a notice period of three

months. The Competent Authority has, under the proviso, been

permitted to reduce the notice period or even remit the

requirement of a notice. Thus it is a clear and unambiguous

position that the employee concerned is entitled to exit the

Bank after the notice period, except if the Bank specifically

rejects the request for resignation. In this case, there has

been no rejection of the petitioner’s request and the period of

notice would draw to an end on 03.06.2007.

4. On 18.04.2007, the petitioner received a copy of letter

addressed by Regional Office, Coimbatore to the Coonoor Branch

of the Bank that states as follows, ‘The application for

resignation from Bank’s service submitted by the member on

05.03.2007 is under process with us. Please advise the member

that he cannot be deemed to have relieved from Bank’s service on

the expiry of three months notice period unless and until a

specific communication about acceptance of his resignation from

Bank’s service has been received by him.’

https://hcservices.ecourts.gov.in/hcservices/

5. This letter does not appear to be in tandem with the

applicable Regulation in so far as the Regulation does not

provide for an acceptance of resignation but only for a

rejection of the employee’s application for resignation. On

04.05.2007, the petitioner was transferred to