- (1.) This is an appeal from a judgment of Mr. Justice P. K. Banerjee delivered on 27-6-1973. In an application under Article 226 of the Constitution the appellant before us prayed for the issue of appropriate Writs, inter alia, for rescinding certain letters mentioned in his petition. The appellant was an employee in Class I of the Reserve Bank of India. On 6th June, 1968 he addressed a long letter to the Governor of the Reserve Bank narrating his grievances of discrimination, supersession, etc. In paragraphs 17, 19, 20, 22 and 23 of this letter he states as follows: "17. In the circumstances the question of my writing off my past grievances does not arise, and I hereby tender my resignation from the Bank's service with effect from the close of business today the 6th June, 1968, with the following grievances among several others. 19. As I have also been denied the right of appeal under Staff Regulations 48 and 49 this letter of resignation may kindly be deemed to have been submitted to the highest authorities in the Bank, so that the stand taken by me may not suffer for no fault on my part. 20.................................. I intend to submit a post-resignation Memorandum in this connection. 22. As it has not been possible for me to give adequate notice I hereby authorise the Bank to deduct from my Provident Fund balance such amount of compensation in lieu of notice as may be payable by me. 23. Other amounts, like travelling allowance advance, etc., may also be deducted likewise after adjustment of the sums payable to me by the Bank."
(2.) On the 18th June, 1968, the Deputy Manager of the Reserve Bank of India, Central Office, addressed a letter to the appellant stating that his resignation from the Bank's service has been accepted as from the close of business on the 8th June, 1968. The Deputy Manager then observed: "As no notice has been given by you, a sum equal to your 3 months' substantive pay is recoverable from you in lieu of notice in terms of Regulation 25 of the Reserve Bank of India (Staff) Regulations, 1948. You may, therefore, please authorise the Administrators of the Reserve Bank of India Employees' Provident Fund to deduct from your Provident Fund balance and pay to the Bank the amount of compensation and other dues, viz., travelling allowance advance, etc. The letter may be sent to us along with your applications for refund of the Provident Fund balance and payment of Gratuity, through the Manager, Reserve Bank of India, Jaipur." In the second paragraph of this letter the Deputy Manager writes: "Since you were relieved from Jaipur Office as at the close of business on 1st June, 1968, the period of your absence from 2nd to 8th June, 1968 (both days inclusive) has been treated as ordinary leave."
(3.) On the 22nd July. 1968, B, K. Sen & Co., Solicitors for the appellant, wrote to the Governor, Reserve Bank of India in Bombay. This is alleged to be a letter withdrawing the resignation of their client, namely, the appellant. The Solicitors have said: ".................. our client will be free to amplify or modify his letter dated 6th June. 1968, referred to above and to take such other action as may be necessary for which the responsibility as to the consequences shall be entirely yours." The Solicitors write further: "However, in view of his long association with the Bank our client is prepared to continue in its service provided his seniority is so restored that none of the Senior Officers named above or none of the Senior Officers who are or were otherwise junior to him are ranked' or graded above him in any respect in regard to any Group I appointment, and steps are taken to ensure that in future the protection so given to him is not made ineffective by arbitrary, unconstitutional, irregular, illegal or unlawful methods.";