Can anyone terminate from services without giving notice
Guest
(Querist) 14 September 2014
This query is : Resolved
well i was working in a state govt university as an assistant prof.(on full scale-Sanctioned Post of Gujarat Govt.) on probation of 2 years. every year i got appreciation letters from higher authorities of the university for additional and good work. i never received any memo or notice or improvement warning to my work conduct/discipline during probation. But surprisingly & shockingly before one month of the completion of my probation. i received termination letter in my hand. when i asked about reasons to terminate my services through RTI. they mentioned three reasons for my termination are 1) Annual Confidential Reports were spoiled by my Concerned Head of Departments 2) one inquiry regarding my misconduct 3) work Experience certificate was found forge. All above mentioned charges don't you think so punitive and stigmatic in my case and also never communicated all above charges to me ever during service. Even though if termination is smpliciter but atleast they will have give me warning or notice for improvement. Moreover i have filed case regarding promotion in Hon-able High Court of Gujarat before this incident happen. I am 100 % sure this malafied intention. straightway without notice i was terminated Is this possible without follow the procedure of Principle of natural justice Kindly let me know what are the chances to win this case in my favor. Then i filed application regarding my case in Gujarat Educational Tribunal. but finally they didn't consider the facts of my case they dismissed my appeal by saying that it's simpliciter termination. Now recently i appealed in Honorable High court Gujarat. Sir/Mam kindly let me know that what are the chances to win this case. and suggest me suitable steps in this regard.
thanks & regards !!!!!!!!!!
Sudhir Kumar, Advocate
(Expert) 14 September 2014
1) Annual Confidential Reports were spoiled by my Concerned Head of Departments
Ans : Whether adverse communicated to you with intention to allow you representation.
2) one inquiry regarding my misconduct
Ans : Whether your version taken during said inquiry
3) work Experience certificate was found forge.
Ans : Whether your version taken. Whether certificates are actually forged or not.
Advocate. Arunagiri
(Expert) 14 September 2014
SMS language.
You have a good chance to set aside the termination. They ought to have issued notice and sough explanation for the allegations on you.
But, you have not stated here regarding the allegations on you.
Guest
(Querist) 14 September 2014
actually adverse comments are not communicated to me ,no inquiry was held and certificate is original and i have also sumit its originality report by verifing it by handwriting experts(registered),it was also accepted in tribunal .even my one ACR out of three has been filled up by who is junior in scale and service and non teacing member. finally nothing has been communicated to me
Guest
(Querist) 14 September 2014
when i asked about reasons to terminate my services through RTI. they mentioned three reasons for my termination are 1) Annual Confidential Reports were spoiled by my Concerned Head of Departments 2) one inquiry regarding my misconduct 3) work Experience certificate was found forge. All above mentioned charges don't you think so punitive and stigmatic in my case and also never communicated all above charges to me ever during service. Even though if termination is smpliciter but atleast they will have give me warning or notice for improvement. Moreover i have filed case regarding promotion in Hon-able High Court of Gujarat before this incident happen. I am 100 % sure this malafied intention. straightway without notice
Advocate. Arunagiri
(Expert) 14 September 2014
You claim that you are a assistant professor, you are using SMS language for your serious problem.
Still you have not stated what is your real problem?
It seems that you services are terminated for giving false and fabricated experience certificates.
What is your termination letter says?
Rajendra K Goyal
(Expert) 14 September 2014
You have already taken legal steps. you have a good case in your favor.
H. S. Thukral
(Expert) 14 September 2014
Termination of your service is wrong and illegal It is in violation of principles of natural justice. File a civil writ petition in HC
Guest
(Querist) 14 September 2014
To
Mr arungiri
These were three reasons for my termination in resolution passed by syndicate:
1) Annual Confidential Reports were spoiled by my Concerned Head of Departments
2) one inquiry regarding my misconduct (fighting with colleague )
3) work Experience certificate was found forge.
but all these never communicated me. In tribunal court i have proven that my certificate is genuine through handwriting experts. when i went to tribunal court they said it's a case of simpliciter termination. but me and my advocate claims that it's case of stigmatic, malafied and punitive in nature. kindly let me know that what is actual in this case appealed against i have filed in honorable gujarat high court. what are the chances of win. kindly also let me know that either it is stigmatic or simpliciter
Advocate. Arunagiri
(Expert) 14 September 2014
You have a good case.
Your employer ought to have conducted enquiry, after giving you the chance to defend. If they have not done so, the termination is illegal. There must be a domestic enquiry.
You have to file a Writ petition in the high court, get a stay for your termination.
Dharmarathmakara Raibahadur Arcot Ramaswamy Mudaliar Educational Institution vs. Educational Appellate Tribunal & Anr., (1997) 7 SCC 332. In this case the victim is a private college lecturer. She was terminated, but based on her own fault. The Supreme court analysed the procedures to be followed for termination.
You may go through this similar case and take relevant points needed for you.
I wish you all the best for the success in the writ Petition.
Kumar Doab
(Expert) 14 September 2014
Mr. Thukral in few words has advised you the remedy.
You have posted that your educational certificates are genuine and not fabricated.
Your employer may highlight that 'the service record of the immediate past period will have to be given due credence and weightage.'
You have posted that no such charges of misconduct (fight with colleague etc )were ever communicated to you.
--Apex Court has decided that 'Every adverse entry in ACR should be communicated to employee in a reasonable time.'
--Opportunity of natural justice should have been granted.
--RTI has revealed the termination is stigmatic and your lawyer has also opined it.
Guest
(Querist) 14 September 2014
kindly rest all other eminent experts are also requested to give your valuable opinion.
thanks & Regards for giving valuable suggestions !!!!!!!!!!!
ajay sethi
(Expert) 15 September 2014
agree with experts
Guest
(Querist) 15 September 2014
As all of you have gone through my case and you know very well that i have challenged the order passed by Gujarat educational tribunal in honorable Gujarat high court for grant immediate stay and quash the order of Gujarat educational tribunal with reinstatement and all consequential benefits with back date of the termination order of the university.
madam\sir, kindly let me know that how much time will take honorable high court to resolve it ;because i came to know from the sources that during appeal in higher forum it will not take more time. kindly let me know the minimum and maximum time in resolving this case as per your expertise ........because i am job less since one year....
i would be highly obliged to you!!!!!!!!
Guest
(Querist) 15 September 2014
............
Sudhir Kumar, Advocate
(Expert) 15 September 2014
All experts have advised you to the best of their ability.
You have got detailed replies of Mr Arunagiri.
You have got one liners from Mr Goyal and Mr Thuikral.
you stand advised the best.
ROHIT SHARMA
(Expert) 15 September 2014
1. I would like to pursue your petition made before the Gujarat High Court.
2. As the facts goes you have merits in your case. Your petition will survive.
3. i am a practicing lawyer with the Gujarat High Court. I case you need a second opinion of the matter presented before the h.C. You can contact me.
Regards,
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
Sudhir Kumar, Advocate
(Expert) 15 September 2014
madam\sir, kindly let me know that how much time will take honorable high court to resolve it ;
THIS IS NOT ASTROLOGICAL FORUM.
You are not even telling on what grounds you have approached the court.
DO YOU THINK THAT THIS FORUM IS OF PRASHNASHATRIES
Sudhir Kumar, Advocate
(Expert) 15 September 2014
I welcome the initiative of Mr Rohit Sharma as the author seems to be suffering from deep prejudice and injustice.
Guest
(Querist) 15 September 2014
wheat grounds i have approached the court are as follows:
1.Mala-fide intention
2.Violation of principle of natural justice
3.Threats in written by administration to applicant
4.No communication has been done during inquiry, and spoiling my ACR'S
5.Forged experience certificate declared by administration at the time of termination now it is found absolutely genuine after taking handwriting expertise opinion.
6.when i was terminated administration of university had published and telecast on television and local news papers that i am forged person.
7.An FIR lodged against me in regard of forgery.
Guest
(Querist) 15 September 2014
............
Sudhir Kumar, Advocate
(Expert) 16 September 2014
You are alleging threats in written by administration. It gives a reasonable impression that you were warned before spoiling of ACR.
FACTS MAY PROVE OTHERWISE ON PERUSAL OF DOCUMENTS AS OFFERED BY MR ROHIT SHARMA.
Sudhir Kumar, Advocate
(Expert) 16 September 2014
SEEKING ADVISE ON GIVING FACTS ON INSTALEMENT BASIS MAY NOT FETH YOU GOOD ADVISE. YOU HAVE NOW INTRODUCED NEW FACTS
5.Forged experience certificate declared by administration at the time of termination now it is found absolutely genuine after taking handwriting expertise opinion.
6.when i was terminated administration of university had published and telecast on television and local news papers that i am forged person.
7.An FIR lodged against me in regard of forgery.
You have not indicated :-
(i) circumstances under which handwriting opinion is taken on experience certificate.
FACTS CAN BE BETTER APPRECIATED ON PERUSAL OF DOCUMENTS AS OFFERED BY MR ROHIT SHARMA.
(ii) what is the stage of FIR.
Guest
(Querist) 16 September 2014
as i have already mentioned above, i have filed case regarding promotion in Hon-able High Court of Gujarat before this incident happen.
so Mr. Kumar the threat was not given in regard of ACR but it is regarding promotional case and threat was given by administration that why you have filed a case and we show our power to take a strict action against you.
regarding stage of FIR it is in process, police sent the experience certificate to FSL laboratory gandhinagar for verification.
now, i think you got my points very well.
thanks and regards!!!!!
Adv k . mahesh
(Expert) 16 September 2014
before going to the court have you given your explanation letter to them explaining the facts and to consider your appeal
Guest
(Querist) 16 September 2014
respected mahesh sir , sorry but i didn't get your words actually. what kind of explanation letter and to whom i may explain my facts
Sudhir Kumar, Advocate
(Expert) 16 September 2014
prima-facie you have a good case. Please read again what Mr Rohit Sharma said.
Guest
(Querist) 17 September 2014
i am very much obliged and thankful to u all which valuable advices given by you all . god bless u all thanks and regards once again!!!!!!!!!
Adv k . mahesh
(Expert) 17 September 2014
the authorities terminated you by what source through letter or orally?
to that have you given any explanation letter defending the allegations or directly you have orally had discussions and filed a case in the court
Kumar Doab
(Expert) 17 September 2014
The opinion that was posted earlier by experts was based on first hand feel of your first posts.
You have then posted points that were concealed earlier.
Your employer would also have something up his sleeve and so would be his lawyer.
If you are not satisfied with state FSL report you may have the opportunity to send it to CFSL.
Apex Court has decided in judgments that:
--'Every adverse entry in ACR should be communicated to employee in a reasonable time.'
--'the service record of the immediate past period will have to be given due credence and weightage.'
You should certainly spend quality time with your lawyers and show all docs and points on record.
Mr. Sharma has offered to help you.
Sudhir Kumar, Advocate
(Expert) 17 September 2014
a proper and useful advised can only be given to you only on perusal of papers.
Raj Kumar Makkad
(Expert) 18 September 2014
I am also of the opinion that before providing final opinion, the relevant documents pertaining to your case are required to be gone through.
Guest
(Querist) 18 September 2014
okay thanks u all*******
T. Kalaiselvan, Advocate
(Expert) 21 September 2014
Hope the author is satisfied with the opinions and has withdrawn from asking further queries when the experts started drilling her with more queries.
Raj Kumar Makkad
(Expert) 21 September 2014
Some of the querists do approach the experts just for increasing their knowledge and soon flee when they have to face realities attached with the issue.
