Removal from service

Querist : Anonymous (Querist) 30 January 2012 This query is : Resolved
My younger brother was working with a govt insurance company as Administrative Officer (engg). According to service contract he had to serve the company for 4 years. otherwise in the event of resignation ,termination he had to pay one years gross salary as a liquidity damages to the company and this amount could be proportionaly reduced with the length of service in the company. He didnot like the job profile and wanted to leave. After one and half year serving the company he became very much depressed .sudeenly at that time his mother fell ill seriously due to brain haeommorage. Due to that painful situation in negligence and hasty he resigned from the services of the company. After serving for 19 months he had submitted his resignation mentioning with immediate effect in duplicate to his dept as well as to HR deptt .He also mentioned in the resignation letter that he may be intimated about bond money due. After that he came home to look after his mother. after two months when he came out of depression he felt that he made wrong decision of resigning from the company so he wrote a letter to DGM(HR) about give him a chance to join in the company again and pl donot accept his resign.But after that company send him a chargesheet mentioning his unauthorised absence from duty. He replied that he had submitted his resignation so didnot start action against him. But the company started disciplinary actions. He wrote many times to the Enquiry officer to give him a chance to join again.He also participated in the hearing. But after that company removed him from the services on charge of unauthorised absence for more than 90 days.
After this company has demanded bond amount otherwise warns of legal actions. He has appealled to higher authorities against this removal order which is undecided yet.
i seek your legal opinion on following
1) after resignation with immediate effect is starting of CDA action is right?
His coworkers informed him one week after his resign that his resign accepted by hr deptt and all the deptt issued no dues certificate to HR deptt.
2) company didnot respond to his letter asking them to give him a chnace to join again and donot accept his resign
3) since his appeal against removal is pending . Is it right to demand for bond amount by the company?
4)if his appeal is rejected can this order of removal of service can be changed and accept his resign?
5)If he want to join other company can this company give no objection certificate and transfer of bond amount?
6) what type of legal action can be started if he donoy pay bond amount within one month? If case is filed against him will it destroy his future career?

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Sudhir Kumar, Advocate (Expert) 30 January 2012

It is prima-facie the employee who decided to act unwisely. He could have applied for leave to tide over the domestic problem, nothing new.

Your questions are replied as under :-

1) after resignation with immediate effect is starting of CDA action is right?

Ans : What were the terms of employment, whether resignation is deemed accepted if not rejected.

His coworkers informed him one week after his resign that his resign accepted by hr deptt and all the deptt issued no dues certificate to HR deptt.

Ans : Why he cannot use RTI get copies of whole of noting and correspondence on his resignation.

2) company did not respond to his letter asking them to give him a chance to join again and do not accept his resign

Ans : The facts as you stated the role of the company appears to be dubious.

3) since his appeal against removal is pending . Is it right to demand for bond amount by the company?

Ans : But as on now he ceased to be in service. There is no rule to presume that appeal is going to be accepted.

4)if his appeal is rejected can this order of removal of service can be changed and accept his resign?

Ans : No. He has to go to court challenging the removal, get reinstated and then resign.

5)If he want to join other company can this company give no objection certificate and transfer of bond amount?

Ans : NO

6) what type of legal action can be started if he does not pay bond amount within one month?

Ans : Company will have to file a civil suit which will go for years.

If case is filed against him will it destroy his future career?

Ans : It does not appear that he cares for the career. It already stands damaged. The said civil suit can cause no further damage.

Raj Kumar Makkad (Expert) 30 January 2012
Well advice has been given to you so you now start following it.

prabhakar singh (Expert) 01 February 2012
Nothing needed now .

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