V.M. Sahai, J. - (1.) The short question that arises for consideration in this writ petition is when an employee tenders his resignation which is accepted by the employer, still the employer is under legal duty to communicate the acceptance to the employee or not.
(2.) The petitioner was appointed on 5.1.1984 as Clerk-cum-cashier in Mainpuri Kshetriya Kisan Gramin Bank. Mainpuri. He joined on 10.1.1984. On 27.6.1986 he resigned from service. The resignation was accepted by the Chairman on the same day. He withdrew his resignation on 24.6.1992. In this petition filed against the order dated 24.6.1992, the petitioner claims that he resigned from service as he was suffering from Manic Depressive Psychosis from 27.6.1987 to 24.6.1992. In support of his illness, he has filed medical certificates of Dr. Shiv Om Varshneya along with supplementary affidavit. The petitioner further states that after he was cured of the aliment, he gave his joining report on 24.6.1992 which was not accepted by the respondents by letter dated 26.6.1992 on the ground that the petitioner had resigned earlier. The petitioner in his joining report dated 24.6.1992 stated that he was withdrawing his resignation given on 27.6.1987.
(3.) Shri Shyam Narain learned counsel for the petitioner argued that the petitioner resigned on 27.6.1987. The resignation of the petitioner had to be accepted by the respondents under Regulation 10 (1) (b) of the Staff Service Regulations, which provides that an employee has to communicate his intention to leave the services of the bank in writing and one month's notice is required in such cases. Therefore, counsel for the petitioner urged that prior to expiry of period of one month resignation of the petitioner could not have been accepted. Shri Ashok Bhushan, the learned counsel for the respondent bank, urged that once the petitioner relinquished his office voluntarily, it was open to the respondents either to accept it on the same day or within a period of one month or thereafter.;