Gaurav Kumar Kaushal Kishore Gupta v. State Bank of India
2017-07-03
PARESH UPADHYAY
body2017
DigiLaw.ai
ORDER : PARESH UPADHYAY, J. 1. Heard learned advocate for the petitioner. 2. It is submitted that the petitioner had earlier filed a petition before this Court being Special Civil Application No. 7604 of 2012 and therefore the petitioner was targetted by the respondent Bank and consequently, he was failed in the departmental confirmation examination by not even 01 mark, but only 0.1 mark. It is prayed that the petitioner be reinstated in service. The petitioner seeks direction against the Bank in that regard. 3. Having heard learned advocate for the petitioner and having considered the material on record, this Court finds as under. 4. Though the grievance of the petitioner may be justified qua not passing the examination by 0.1 mark, a very important aspect which is born out from the record is that the petitioner has tendered resignation on 11.01.2016 from the respondent Bank. The said resignation, which is on record at Annexure-C, reads as under. “Date: 11/01/2016 RESIGNATION LETTER To The AGM VAO-6, State Bank of India Bodeli Region-Vadodara, Circle, Ahmedabad. Through: Chief Manager, Rajpipla Sub.: Resignation from bank services Dear Sir, With due respect, I would like to inform you that, I Gaurav Kumar presently working as a field officer at Rajpipla branch want to submit my resignation on account of poor health of my physically handicapped mother as she is totally dependent upon me. Further I request you to kindly waive off my recovery amount as per your letter No. HR L&D 5147 as I have to incur heavy medical expenses on the treatment of my physically handicapped mother and I am the only earning member of my family therefore my financial position is not good enough to pay off the recovery amount. Kindly accept my letter for resignation and request for waive off. For this I always remain grateful to you. Yours sincerely, Gaurav Kumar ME 2010 Batch Rajpipla Branch(00465)” 5. There is no material on record to indicate that there was any coercion against the petitioner, who was an officer of a Nationalised Bank. 6. In view of the resignation of the petitioner, other aspects like the failure of the petitioner in departmental confirmation examination by only 0.1 mark etc., need not be gone into. This petition therefore needs to be dismissed. 7. For the above reason, this petition is dismissed.