• Resignation from railway service

Sir , I had joined in indian railway in 2007 as a doctor . After 2 years of service I got chance for doing specialization by competing in a all India level exam. I wrote several letters to railway administration for leave without pay,but did not got any reply. I mentioned in letters that doing specialization will help me to serve railway in a better way. After not getting any  reply I left railway . It was treated as unauthorized absence from service. After completing my specialization I came back to railway. Though initially I was given verbal assurance that I will be posted on my home town , but they gave me posting on way side station. After joining there I immediately applied for transfer. But even after 4 months they did not communicated with me. Now due to my parents ill health and as I am getting a job in my home town I have given resignation . But I was able to give a notice period of 7 days only. The disciplinary action case which was going against me for unauthorized absence in 2009 is still going on, at least I did not got any reply from them till now. 
Now railway administration is telling that they will not accept my resignation as a case is pending against me. What should I do now? What action rail can take against me?
Asked 2 years ago in Civil Law from Kolkata, West Bengal
Make a representation before the higher authorities enclosing all the particulars of your service. Now, if they are not accepting your resignation on the ground that a case is pending against you, assure them that you will come as and when your presence is required. They cannot bar you from leaving the company on this ground alone.

Make a strong representation and if nothing positive is forthcoming, I suggest you file a case against them before the concerned High Court seeking direction against the railway authorities for accepting your resignation.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1) railways are justified in refusing to accept your resignation as disciplinary proceedings are pending against you for unauthorized absence 

2) it is well  settled law that employer may refuse to accept employee resignation if disciplinary proceedings are pending . the reason being  accepting resignation would furnish employee an escape route to avoid adverse findings against him
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
5.0 on 5.0
In Central Inland Water Transport Corporation Ltd. v. Brojo Nath Ganguly, A.I.R. 1986 S.C. 1571, which case related to an employee of a Government company jointly and wholly owned by the Central Government and two stale companies, it was observed as follows:-

"A resignation by an employee would, however, normally require to be accepted by the employer in order to be effective. It can be that in certain circumstances an employer would be justified in refusing to accept the employee's resignation as, for instance, when an employee wants to leave in the middle of a work which is urgent or important and for the completion of which his presence and participation and necessary. An employer can also refuse to accept the resignation when there is a disciplinary inquiry pending against the employee. In such a case, to permit an employee to resign would be to allow him to go away from the service and escape the consequences of an adverse finding against him in such an inquiry. There can also be other grounds on which an employer would be justified in not accepting the resignation of an employee."
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
5.0 on 5.0
1. Technically, the Railway is right not to accept your resignation when disciplinary proceeding is pending against you,

2. It is surprising that the Authority allowed you to rejoin them since as per its Service Conduct Rule, you are expected to be suspended till the enquiry is over,

3. Since the charge against you does not have any financial implication, they should quickly complete the enquiry and award punishment either warning or termination,

4. Moreover, if you have not yet been charge sheeted, then they should accept your resignation letter,

5. Even if disciplinary proceeding is pending against you, they can wind it up on the ground that you have already tendered your resignation,

6. You can file a Writ Petition before the High Court praying for appropriate relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Technically Railway is right in refusing to accept your resignation but on an other aspect is that if you participate in the inquiry and finding thereof comes against you ie.being absent without permission,punishment would be termination of services which you now want by resignation. The difference between termination and resignation would be besides a black spot of termination,dis-entitlement of certain privileges/benefits which otherwise you would be legally entitled to if resignation is accepted.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. The disciplinary action initiated against you by the railways does not suffer from the vice of illegality as you went on a leave without being sanctioned by the railways.

2. Since the disciplinary proceedings are pending against you the railways is right in refusing your resignation. It is trite law that the employer may in its discretion refuse to accept the resignation of an employee who is facing disciplinary proceedings.

3. In spite of you having gone on an unsanctioned leave you were allowed to rejoin on your return, whereas you should have been placed under suspension during the pendency of the disciplinary proceedings.

4. Having regard to the fact that the disciplinary proceedings against you do not relate to a financial misdemeanor the maximum which the railway can do is to dismiss you on charges being proved. 

5. It is not open to railways to sit on your resignation letter forever on the pretext that departmental proceedings have not been completed against you.

6. You can move the HC in the exercise of its extra ordinary constitutional jurisdiction and seek appropriate orders.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) since the railways have refused to accept your resignation because of pending disciplinary proceedings you have to move HC to direct railways for expediting inquiry against you as it is pending for period of 5 years 

2) hospital wont close down if your resignation is accepted  but the railways will have to issue fresh letters of appointment   for  doctors
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
5.0 on 5.0
1. It may be a clever ploy by the local Rly Authority to keep the disciplinary action pending so that they can continue to refuse vto accept your resignation and you keep working with them,

2. File an application before the High Court praying for a direction upon the railway authority to expedite the enquiry and/or accept your resignation immediately.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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