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Vijaykumar (Legal Offier)     30 May 2015

Provisional order of appointment

Hello Sir, 

Please help me understanding the rights and priviledges of an employee appointed under a provisional order of appointment. Would like to know if the service of an employee appointed under provisional order can be terminated outright by issuing a memo or is he entitled to receive the Show Cause Notice?? What would be correct procedure to dismiss such employee? The final appointment letter has not been issued to employee.

 

In the present case an employee was appointed under a provisional order with the condition that the appointee will submit all the certificates (photo copy) relating to his education, course completion certificate within 3 months. The employee has failed to submit the certificates past 8 months and also the conduct of the employee was found to be way below par (multiple unauthorised absences). Any Citiations/Rules/Regulations will be greatly appreciated. Thank you.



Learning

 3 Replies

Kumar Doab (FIN)     30 May 2015

Issue memeo,show cause notice, and complete the process.................in line with standing orders,conduct and discipline rules applicable to employee.

 

 

Vijaykumar (Legal Offier)     01 June 2015

Mr. Kumar Doab,

Just to confirm the management has no right to dismiss the employee appointed under a provisional order of appointment for not adhering to the conditions of employment as mentioned in the provisional order?? The service of the employee are still provisional and no final letter of appointment  has been issued to confirm his appointment/employment.  Will it be mandatory to conduct the domestic enquiry? Thank you.

Vijaykumar 

Kumar Doab (FIN)     01 June 2015

Dismissal is stigmatic and shall deprive the employee from any future employment with same and any other govt.employer and even private sector may term the employee untouchable...............

 

How do you conclude than such stigma can be inflicted without due process of natural justice...................?

 


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