Resignation declined due to pending disciplinary case
28-Aug-2023 (In Labour & Service Law)
Sir, I am currently employed in a public sector bank for the last 5 years and is currently under no bond or obligation. I applied for resignation on 17.06.17 with clearly mentioning that I should be relieved on 16.09.17 as there is 3 months notice period. During this period on 10.8.17 I got a letter from my controller that due to a pending disciplinary case my resignation is returned. My question is" whether I am bound to again serve the notice period of 3 months after the disciplinary proceedings are closed as my HR manager told me so or I will be relieved after the proceedings are over reckoning my original resignation notice date from 17.06.17. I want a legal opinion as the banks service rules are not clear about this situation. Please guide referring to any such similar cases.
Certainly pending departmental enquiry the resignation may not be accepted. It seems that your resignation has been declined and returned back. In such circumstances you will have to write that your resignation date will be the same and it will be effective immediately after final orders.
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