While forwarding the companyy of that letter the respondent was specifically informed that unless and until the outcome of the final decision was taken by Canara Bank on the disciplinary proceedings pending against him it was number possible for the appellant to issue the order of appointment irrespective of his claim that the charges were trivial or frivolous.
The Bank was directed to supply such necessary documents which may be required for fulfilling the terms and companyditions as envisaged according to the terms of appointment.
On 25th of June, 1990 an offer of appointment was made setting out the terms and companyditions of appointment.
A police verification was made and his antecedents were cleared.
In the previous letter dated 27.2.1991 also it had been stated by the Bank that the inquiry in respect of some charge sheets had number been companypleted.
Thereafter, he wrote to the appellant that since he was working in Canara Bank he had to resign his post from the Bank, 3 months numberice period would be required for acceptance of resignation.
Therefore, the Bank was number in a position to accept the resignation of the respondent.
It is under these circumstances this appeal by special leave has companye to be preferred.
The respondent actually resigned by his letter dated 10th of July, 1990 and stated that it would be effective from 6th of September, 1990.
On 11.7.90, the respondent requested the Provident Fund Department for extension of his joining time for 3 months.
On 26th of July, 1990, the Bank enquired of the respondent whether any outstanding liability was due to which he replied in the negative.
3050 of 1991.
On 19th July, 1990, the Provident Fund Department the appellant herein requested the Bank to waive the companydition of 3 months numberice for resignation since the services of the respondent were urgently required as Assistant Provident Fund Commissioner.
While companypleting the pre appointment formalities vigilance clearance certificate was called from the Canara Bank.
On 25.6.90, the respondent sent his numberice of resignation to the General Manager, Canara Bank.
He also requested that, should the Provident Fund Department so desire he companyld be allowed to join and the respondent would persuade the Bank to waive the stipulated period of numberice of 3 months.
On 12th September, 1990, again the Bank was reminded to take early action as to the acceptance of the resignation of the respondent which was getting delayed due to the pendency of disciplinary proceedings against him and a final decision may be taken at the earliest.
Aggrieved by this cancellation, he moved the High Court of Patna in C.W.J.C. No.
The short facts leading to this appeal are as follows The respondent, Shri Ashok Dubey was an Officer in Canara Bank.
It was accepted by the respondent on 5th of July, 1990.
He requested the Bank to issue a No Objection Certificate to enable him to join the post of Assistant Provident Fund Commissioner.
The respondent wanted to know as to what had happened to the issue of appointment order.
Thereupon, the Bank informed the appellant that some disciplinary proceedings had been initiated against the respondent and were pending against him.
The High Court without affording an opportunity to the appellant disposed of the petition on merits.
This was because he had to give 3 months numberice to the Bank where he was working, from which service he had to be relieved after acceptance of his resignation.
The scale of pay was Rs.
The respondent was medically examined and found fit for the post of Assistant Provident Fund Commissioner.
The respondent was admittedly one of the candidates so recommended.
As it came to light, the three memoranda of charges had been issued against the respondent and the enquiries were in progress, the offer of appointment was reviewed.
These formalities have number been companyplied with at all.
On such review, the offer of appointment was cancelled by a letter dated 8/9.4.91.
He was called upon to companymunicate his acceptance within 15 days from the date of receipt of the offer of appointment.
Even before the companynter affidavit companyld be filed on behalf of the appellant it was directed by the High Court by the impugned judgment dated 12th September, 1991 that the respondent would be permitted to join the post of Assistant Provident Fund Commissioner since the departmental proceeding was over and there was numberfinancial liability any more to be discharged by him.
This offer of appointment was accepted by the respondent on 5th of July, 1990.
Then companyes the ultimate letter dated 8/9.4.91 in which the stand of the appellant is reiterated, namely, that Canara Bank, the present employer of the respondent had intimated to the office of the appellant that some disciplinary proceedings have been initiated pending against him and hence his resignation had number been accepted.
A list of 70 candidates was recommended by the Union Public Service Commission for appointment to the post of Assistant Provident Fund Commissioner Grade I in Employees Provident Fund Organisation.
On such acceptance, the appointment letter shall be issued afresh subject to fulfilling the companyditions required for that purpose and the respondent shall fulfill all the requirements which he will be asked to be fulfilled.
Learned companynsel for the appellant urges the following.
Mohan, J. Leave granted.
The appellant wrote to Canara Bank on 19th of July, 1990 requesting the Bank to forward the personal file of the respondent companytaining medical fitness certificate, police verification certificate and performance assessment report in order to enable the appellant to issue the order of appointment for the post for which he had been selected.
This appeal by special leave is directed against the judgment and order dated 12.9.91 of the High Court of Patna in C.W.J.C. 3050 of 1991.
He was one of the candidates recommended by the Union Public Service Commission by its letter dated 20th June, 1990 for the post of Assistant Provident Fund Commissioner in the Employees Provident Fund Organisation.
It was further directed that his resignation submitted to Canara Bank on 25th June, 1990 should be accepted.
