BANGLADESH BIMAN CORPORATION Vs. MD. JUSIMUDDIN
SUPREME COURT OF BANGLADESH
Bangladesh Biman Corporation
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MD.RUHUL AMIN,J. -
(1.) This appeal by leave, is from the judgment dated 10th November, 1999 of a Division Bench of the High Court Division in Writ Petition No. 3855 of 1998 declaring acceptance of resignation of the writ petitioner to have been made without lawful authority and is of no legal effect.
(2.) Short facts are that respondent joined in the service of Bangladesh Biman, herein after in brief the Biman, on 21st January, 1990 as Junior Traffic Assistant in the Customers Service Department and was confirmed in the said post by the Memo dated 3rd October, 1990 in the Pay Group 3(ii). He was promoted as Senior Traffic Assistant and was posted at Chittagong. On 26th August 1998 he sought permission from the Station Manager, Chittagong Airport to leave Chittagong for Dhaka but the said request was turned down. Inspite of turning down of the permission to leave Chittagong, the respondent left Chittagong and came to Dhaka and on 29th August, 1998 while was at Dhaka he resigned from service. On 6th September, 1998 he addressed a letter to the Station Manager, Bangladesh Biman Airlines, M. A. Hannan International Airport, Chittagong seeking permission to revoke/withdraw his resignation letter dated 29th August, 1998. The letter seeking permission to revoke/withdraw the letter of resignation was for warded by the Station Manager and the District Manager, Chittagong Airport on 9th September, 1998 to the Biman's Dhaka office for Consideration. From 9th September 1998 to 14th September, 1998 respondent signed attendance Register but from 15th September, 1998 he was not allowed to sign attendance registrar. On 16th September, 1998 the Personal officer of the Biman, informed the respondent regarding acceptance of his resignation letter with effect from 29th August, 1998. The respondent challenged legality of the acceptance of his resignation by the Biman contending that he having been allowed to resume his duty on the filing of letter seeking revocation. Withdrawal of letter of resignation before acceptance and communication of acceptance of resignation the acceptance of his resignation was illegal. It was also contended that Bangladesh Biman Corporation Employees (Service) Regulations, 1979, herein after in short the Regulations, requires an employee mandatory to give one month's notice to resign from the service of the Corporation and same having not been complied with in the instant case acceptance of resignation letter was without jurisdiction.
(3.) The case of the appellant was that respondent's resignation was of immediate effect and in that background while formal communication of acceptance of resignation by the Biman was awaiting the Station Manager, Biman, Chittagong had no authority to allow the respondent to sign Attendance Registrar from 9th September, to 14th September, 1998 and that because of signing of the attendance registrar it cannot be said that respondent's prayer for withdrawal of the letter of resignation was accepted as there is no scope for withdrawal of resignation while the same was of immediate effect. Moreover, there is no provision in the Regulations for withdrawal of the letter of resignation pending communication of decision as to the matter of acceptance of resignation by the authority. It was also the contention of the appellant that in the background of the position of law acceptance of letter of resignation of the respondent was quite legal and that in taking decision as to the matter of resignation of an employee the Biman by law is not required to consider the subsequent letter seeking permission for withdrawal of the letter of resignation.;
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