Disciplinary action after resignation acceptance
5 months ago
I resigned from public sector Bank which was accepted with clause that no show cause is pending. Now my boss is threatening with a vigilance case. Can they reject my resignation after accepting it.
A.Dear Client,
Even after the cessation of relationship with the Bank on acceptance of your resignation, Bank can initiate legal action against you, if after conducting an inquiry into an allegation of deriliction or dishonesty committed by you while in employment, if dictated and proved against you in the departmental inquiry after your resignation from the Bank. You are equally accountable for the commission of said proven misconduct even after your resignation from the Bank. Depending upon the nature of the misconduct and injury caused to the department for the same, the Bank can take legal action against the resigned employee both under CPC and IPC following the provision of the Limitation Act, 1963 that specify the time limit for the prosecution that starts from the date of cause of action.. A bench of Justices U U Lalit, Indu Malhotra and Krishna Murari of the Supreme Court ruled out in an appeal arising out of an order of the Karnataka High Court that the requirement of sanction under Section 19 of the Prevention of Corruption Act is only for serving government employees and there is no bar to initiate prosecution after retirement or resignation for the offense committed by the employee during the service period. So, in view of the aforementioned averments of the Apex Court, if any legal action is initiated against you by the Bank, you need to contact an Advocate having experience in service/CAT matters to defend the case suitably in the Court.
Even after the cessation of relationship with the Bank on acceptance of your resignation, Bank can initiate legal action against you, if after conducting an inquiry into an allegation of deriliction or dishonesty committed by you while in employment, if dictated and proved against you in the departmental inquiry after your resignation from the Bank. You are equally accountable for the commission of said proven misconduct even after your resignation from the Bank. Depending upon the nature of the misconduct and injury caused to the department for the same, the Bank can take legal action against the resigned employee both under CPC and IPC following the provision of the Limitation Act, 1963 that specify the time limit for the prosecution that starts from the date of cause of action.. A bench of Justices U U Lalit, Indu Malhotra and Krishna Murari of the Supreme Court ruled out in an appeal arising out of an order of the Karnataka High Court that the requirement of sanction under Section 19 of the Prevention of Corruption Act is only for serving government employees and there is no bar to initiate prosecution after retirement or resignation for the offense committed by the employee during the service period. So, in view of the aforementioned averments of the Apex Court, if any legal action is initiated against you by the Bank, you need to contact an Advocate having experience in service/CAT matters to defend the case suitably in the Court.
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A.Dear Client,
Once a resignation letter is accepted, it cannot be rejected unless there is a specific clause in the resignation letter that allows the bank to do so. Therefore, if the resignation letter was accepted with the clause that no show cause is pending, the bank cannot reject the resignation. However, if the bank has evidence of misconduct or fraud, they may initiate a vigilance case against the employee
Once a resignation letter is accepted, it cannot be rejected unless there is a specific clause in the resignation letter that allows the bank to do so. Therefore, if the resignation letter was accepted with the clause that no show cause is pending, the bank cannot reject the resignation. However, if the bank has evidence of misconduct or fraud, they may initiate a vigilance case against the employee
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