Section 26(2) in West Bengal Municipal (Employees' Service) Rules, 2010
(2)An employee who tenders resignation and quits without giving the notice as provided in sub-rule (1) shall at the discretion of the appointing authority, be liable to forfeiture of his salary for the period by which the notice falls short of requirements of clause (a) or clause (b) of sub-rule (1) as the case may be, in addition to such disciplinary action as may be taken against him for contravention of this rule.Note : Regarding the question of taking back in service an employee who resigned and subsequently withdrew such resignation letter the following principles shall he followed :-(i)A person continues in service if he withdraws his resignation letter before the date from which the resignation is to take effect. The resignation becomes irrevocable and operative after the aforesaid date of resignation. So the question of withdrawal of the resignation letter by the employee and taking back such employee in service goes not arise. After the resignation has become irrevocable and effective it cannot be cancelled.(ii)Resignation does not disqualify a person for fresh appointment and if he is given any on account of resignation, the appointment, given subsequently shall always be treated as fresh appointment without any consideration whatsoever with his previous appointment.(iii)Such fresh appointment shall not be possible other than in category "A" service if the age exceeds the limit prescribed in the rules.
