Authority: High Court of Jharkhand at Ranchi

Order Date: 10 July 2026

Case Overview

  • Petitioner: Richa Kumari, daughter of Binit Kumar, aged about 37, resident of Hehal, Ranchi district.
  • Respondents: Bank of India represented by its Chairman‑cum‑Managing Director, General Manager (HR), Zonal Managers (Pune and Jamshedpur).
  • The petitioner was appointed as General Banking Officer (Junior Management Grade‑I) on 14 November 2014, joined service on 29 January 2015 at Sakchi Branch, promoted to Grade‑II on 1 June 2019, to Grade‑III on 1 April 2023, and posted to Pune on 9 June 2023.
  • She tendered resignation on 10 November 2023 citing inability to cope with work pressure and childcare responsibilities; the 90‑day notice period expired on 8 February 2024.
  • The Bank did not accept the resignation, alleging a disciplinary action was being contemplated. It issued a memorandum seeking explanations on alleged irregularities on 10 January 2024 (sent on 11‑12 January 2024) and later another on 21 November 2024.
  • The petitioner replied to the memorandum on 22 January 2024. No charge sheet was ever issued to her.
  • The petitioner filed a writ petition seeking acceptance of resignation as deemed resignation and payment of statutory dues (Provident Fund, Gratuity, Leave Encashment) with statutory interest for the service period 29 January 2015 to 8 February 2024.
  • The Bank failed to file a counter‑affidavit despite a court order dated 25 February 2026 to inform the court of any impediments.
  • Counsel for the Bank argued that the memorandum justified rejection of resignation and that the petitioner stopped attending office after the notice period, violating service conditions.
  • The Court examined the documents, noted the absence of any charge sheet, and held that a departmental proceeding cannot be said to be pending merely on the basis of a show‑cause notice.
  • The Court relied on Supreme Court precedents: SBI v. Navin Kumar (2024 SCC OnLine 3369) and UOI v. K.V. Jankiraman (1991) 4 SCC 109, and Coal India Ltd. v. Saroj Kumar Mishra (2007) 9 SCC 625, which state that a departmental proceeding is initiated only when a charge sheet is issued.

Final Outcome

  • The respondents are directed to accept the petitioner’s resignation, issue a relieving letter effective from the expiry of the notice period (8 February 2024), and pay all post‑retirement benefits (Provident Fund, Gratuity, Leave Encashment, and other dues) with statutory interest from the date the amounts fell due.
  • The Bank must complete the payment and issuance of the relieving letter within eight weeks of receipt/production of the copy of this order.
  • If the Bank fails to comply, it shall pay interest at 6% per annum with quarterly rest from 8 February 2024 until actual payment, and the management may recover this penal interest from the personal salary of the erring officer after fixing responsibility.
  • The writ application is allowed; any pending interim applications stand closed.

Topics: Legal Remedy, Employee Benefits