- (1.) THIS special appeal under the Rules of the Court is preferred against the judgment dated 5-3-2002 of the Hon'ble Single Judge dismissing Civil Misc. Writ Petition No. 48111 of 1999 of the petitioner-appellant.
(2.) WE have heard Sri R. N. Singh, learned senior Counsel for the appellant assisted by Sri N. C. Gupta, Advocate and Sri Anil Kumar Srivastava, learned Counsel for the respondents-Bank. The appellant was initially appointed as Field Supervisor on 1-4-1995 and was posted at the Head Office of the Vindhya Vasini Gramin Bank, Mirzapur, which has been established under the provisions of the Regional Rural Bank Act, 1976, (hereinafter referred to as the Act) and is governed by the provisions made by the Board of Directors of the Bank in consultation with National Bank for Agricultural and Rural Development. The petitioner-appellant was also subsequently confirmed on the post of Supervisor. Pursuant to an award of the National Industrial Tribunal published in the year 1991 the Field Supervisors wore re-designated as Officers of the Bank. The petitioner-appellant was initially posted as Manager of Jharo Kalan Branch in the year 1991 and after being designated as Officer in the year 1993 transferred to Head Office in the Department of Administration where he worked for little less than three years and again on 15-1-1996 was transferred to Jharo Kalan Branch. While working at Jharo Kalan Branch the petitioner earned displeasure and annoyance of the then Chairman of the Bank for certain reasons who, in furtherance of his intention to harass the petitioner-appellant sent a letter dated 4-4-1998 stating that on 3-3-1998 when the Branch was visited by him neither he was found present at the Branch nor there was any information about the reason of his absence and certain other irregularities were also noticed at the Branch. He, therefore, required the petitioner-appellant to explain as to why disciplinary action may not be taken against him. The petitioner-appellant refuted the allegations stating that as a matter of fact no person visited his Branch on the said date and the allegations were incorrect. However, in a state of serious mental disturbance on account of false allegation made by the then Chairman of the Bank the petitioner-appellant under frustration prepared a letter dated 15-4-1998 addressed to the Chairman of the Bank stating that he is extremely disturbed with the false allegation made against him and, therefore, on account of the said allegation tendering his resignation otherwise he should be furnished the evidence of all the allegations made against him. He also stated to abide by the directions of the Chairman. The said letter was handed over in the Bank's Head Office during the course of a meeting on 16-4-1998 at 1. 30 p. m. A meeting of all the Officers of the Bank was convened by the then Chairman on 16-4-1998 which was attended by the Officers of about 20 Branches of the Bank and during the course of the meeting the then Chairman abused and scolded the petitioner-appellant in the present of other Officers making serious allegations against him and immediately thereafter issued a hand written letter stating that the petitioner-appellant abused and mis-behaved with him and disrupted the meeting and, therefore, instructed to leave the meeting immediately. In this meeting the said resignation letter was handed over by the appellant to the Chairman. Thereafter the petitioner-appellant resiled from his stand, met the Chairman, tendered his apology, and also handed over a letter dated 16-4-1998 (annexure-4 to the writ petition) seeking withdrawal of his resignation. The aforesaid letter was also received in the office of the Chairman on the same day, i. e. , 16-4-1998. However, the Chairman communicated on 17-4-1998, that resignation was already accepted vide letter dated 16-4-1998 and directed the appellant to hand over charge of the office to another officer.
(3.) ASSAILING the aforesaid order dated 16-4-1998 passed by the Chairman of the Bank accepting resignation of the petitioner-appellant, writ petition was preferred in the year 1998 but when it was noticed that the order was appelable under Regulation 31 (1) of the Vindhyavashini Gramin Bank Staff Service Regulation, 1994, the writ petition was withdrawn to avail the remedy of appeal and thereafter the appeal was preferred under the aforesaid Regulation. The appeal remained kept pending with the appellate authority, hence the petitioner-appellant again approached this Court by filing Civil Misc. Writ Petition No. 43106 of 1999 which was disposed of vide order dated 13th October, 1999 directing the appellate authority to decide appeal within three months from the date of production of a certified copy of the judgment. Thereafter, the Bank issued letter dated 30th October, 1999 (Annexure-13 to the writ petition) stating that the Board of Director has already decided appeal rejecting the same on 20-11- 1999. Aggrieved by the orders dated 16-4-1998 and 30-10-1999, the appellant preferred Civil Misc. Writ Petition No. 48111 of 1999, which has been dismissed by the Hon'ble Single Judge vide judgment under appeal. Sri R. N. Singh, learned senior Counsel appearing for the appellant confined his argument on two issues (i) the alleged resignation dated 15th October, 1998 submitted by the petitioner cannot be said to be an unconditional resignation and, therefore, the same was not a valid resignation in the eyes of law. (ii) It was also withdrawn on the same day, hence, it could not have been accepted by respondent No. l and, therefore, the impugned orders are wholly illegal and vitiated in law.;