RAM EKWAL PRASAD Vs. UNION OF INDIA THROUGH SECY.
LAWS(ALL)-2017-11-9
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on November 30,2017

Ram Ekwal Prasad Appellant
VERSUS
Union Of India Through Secy. Respondents

JUDGEMENT

ANIL KUMAR,J. - (1.) Heard Shri Sanjay Mishra, learned counsel for the petitioner and Ms. Nandita Bharti, learned counsel for the respondent.
(2.) Shri Sanajy Mishra, learned counsel for the petitioner submits that the petitioner was initially appointed on 11.01.1996 as Senior Accountant in the Central Pay and Accounts Office, Ministry of Science and Technology, Dehradun and he remained there upto 23.09.1999. Thereafter, he after being relieved from the said post, was appointed as Manager in the Bank of Baroda on 27.09.1999 and served there upto 17.04.2010. Subsequently, petitioner was appointed on the post of Assistant General Manager in IDBI Bank and joined there on 19.04.2010 after being relieved from the post of Manager. While working in the said capacity, charge sheet on 23/25.05.2013 was issued to him to which he submitted his reply on 27.06.2013.
(3.) In the month of August, 2013, an advertisement was issued by the National Capital Region Planning Board (hereinafter referred to as NCRPB) for calling candidature for the several post as mentioned therein including one post of Deputy Director (Administration). After taking permission from IDBI Bank, petitioner submitted his candidature in response to the above said advertisement. By letter dated 06.12.2013, he was called for interview for the post of Deputy Director (Administration) in NCRPB on 20.12.2013, selected by the competent authority and offer of appointment was issued to him vide letter dated 23.12.2013. On 31.12.2013, petitioner submitted his resignation from the post of Assistant Manager in IDBI Bank with one month notice. However, by letter dated 31.01.2014, authority of the IDBI Bank intimated him that his resignation cannot be processed due to pending departmental proceedings and he cannot be relieved before finalization of departmental proceedings. As he was not relieved from the post of Assistant General Manager in IDBI Bank, he submitted an application dated 22.01.2014 to the Finance and Accounts Officer, NCRPB for extension of time for his joining upto 28.02.2014. He was given time with the approval of competent authority and vide letter dated 07.02.2014, it was intimated by the Finance and Accounts Officer, NCRPB to the petitioner. It is further submitted by learned counsel for the petitioner that as the petitioner could not be relieved from the post of Assistant General Manager in IDBI Bank till 28.02.2014, he submitted an application dated 26.02.2014 with a further request to the Finance and Accounts Officer, NCRPB for extending of time for his joining upto 20.03.2014. In response to the same, it was intimated to the petitioner that the competent authority has extended his joining time upto 20.03.2014 and the petitioner had undergone all the medical test and screening etc. as was required by NCRPB. ;


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