Dismissed from service
Guest
(Querist) 24 April 2016
This query is : Resolved
Respected sir ..
I was in the Indian army in 2010 as recruit. After one month of basic training I had left my service. After 3 years they send me a dismissed latter without any court martial due to my desertion .Now I have selected for government job and an attestation form sent to me.I am confused about the matter that what should I write in the attestation form.Sir help me. because (1) I have no date of joining an leaving. (2)duration of service because I have just one month of basic training (3) If I don't mention my previous employment will be any problem? (4) dismissed from army will bar to get this government job?? sir please help me.
Prakash Ramchandani
(Expert) 25 April 2016
mr partha
the law says as under
you wer in training period of what is not clear
you might have order of training
go through two three times from that order
try to see the facts
some thing might have gone wrong
any how your matter shall clear in cronologicall order then the advice can be given
Guest
(Querist) 25 April 2016
sir,
after my desertion I have not received any latter from my training centre and no police verification is done. after three years ,in 2013 they send me a latter knowing me that " you are dismissed from service " .So,this dismissal from army can be bar to get this government job? How the present employer will get this information if I didn't mention my
previous employment in attestation form?should I mention my previous employment in the attestation form? If I mention dismissal from army will be there any problem for my present job? Sir please help me. what should I do.
Sudhir Kumar, Advocate
(Expert) 25 April 2016
you are lucky you were not harassed by police.
in case of deseerter, there is no police verification. Police is directed to nab him and bring to the book.
Sudhir Kumar, Advocate
(Expert) 25 April 2016
you are now telling facts on installment basis.
The dismissal even if illegal is now not open to challenge.
Sudhir Kumar, Advocate
(Expert) 25 April 2016
are you the same person who made query at
http://www.lawyersclubindia.com/experts/dismissed-from-Indian-army-without-court-martial-595471.asp#.Vx3FrjFMzwp
Guest
(Querist) 25 April 2016
sir my querys are (1) how the employer will know about my previous service? (2) should I quite for government job?
Kumar Doab
(Expert) 25 April 2016
You have been adequately been advised.
Rest is upto you.
Rajendra K Goyal
(Expert) 25 April 2016
If you hide any of the fact and the fact is revealed (through complaint from any near and dear, anonymous or otherwise) at any instance your concern may dismiss you for hiding the fact.
Guest
(Querist) 25 April 2016
if any person once is dismissed from service from any government organization then he is not eligible for government job in others organization or others department?
Kumar Doab
(Expert) 25 April 2016
You may show all docs on record to an able counsel for a considered and concluding opinion.
Guest
(Querist) 26 April 2016
if I show my dismissal to the recruiter ,will they grant appointment?what action will be taken by them against me?
H.M.Patnaik
(Expert) 26 April 2016
As I gather from your inputs, you have not completed the induction training and not been taken to regular cadre which commences after probation only.Even though unauthorised desertion during training is an offence, since no punitive action has been inflicted on you by the Indian Army which is evident from the Dismissal letter, you have nothing to worry . The same will not hinder your path to join the new govt. job.
M V Gupta
(Expert) 26 April 2016
u may mention the fact in ur application with a rider that u had to discontinue ur training in the middle and hence u were issued a dismissal order.
Sudhir Kumar, Advocate
(Expert) 26 April 2016
not able to agree wiht Ld Mr MV Gupta. Hiding fact and telling lie will not help.
He is in all practical shape a dismissed employee.
Sudhir Kumar, Advocate
(Expert) 26 April 2016
Not able to agree with Mr Patnaik.
In Armed Forces there is applicability of Army Act right from the day when one is recruited (even though training may yet ot commence).
Dismissal is punitive action. Though harsher action could have been taken but he was lucky.
Sudhir Kumar, Advocate
(Expert) 26 April 2016
you said
"if any person once is dismissed from service from any government organization then he is not eligible for government job in others organization or others department? '
Ans:YES
Guest
(Querist) 26 April 2016
so I have no option..I have to quite from government job.
Sudhir Kumar, Advocate
(Expert) 27 April 2016
You have to show papers to some person well versed in service paw.
Kumar Doab
(Expert) 27 April 2016
Finally it is concluded by Mr. Sudhir Kumar that 'You have to show papers to some person well versed in service paw.'
I also reiterate that 'You may show all docs on record to an able counsel for a considered and concluding opinion.'
Guest
(Querist) 27 April 2016
thanks to all
Kumar Doab
(Expert) 27 April 2016
You are welcome.
Don't delay to consult.
LCI Expert Dr. J.C. Vashista is from defense background and may agree to counsel you.
If you want you may log onto his profile.
M V Gupta
(Expert) 27 April 2016
DEAR MR SUDHIR KUMAR, I DID NOT SUGGEST TO HIDE THE FACT OF HIS DISMISSAL. REQUEST TO READ MY POSTING ONCE AGAIN.I SUGGESTED THAT HE SHOULD MENTION THE FACT WITH A RIDER THAT HE HAD TO DISCONTINUE THE TRAINING IN THE MIDDLE DUE TO UNAVOIDABLE CIRCUMSTANCES AND HENCE DISMISSAL ORDER WAS ISSUED TO HIM. IN MY VIEW THIS SHOULD NOT COME IN THE WAY OF HIS FRESH APPOINTMENT AS THE DISMISSAL WAS A TECHNICAL ONE NOT PRECEDED BY ANY DISCIPLINARY/DOMESTIC INQUIRY.
Ajay Bansal
(Expert) 28 April 2016
You are concealing some important facts here. Please attach the dismissal order in question alonwith all relevant records available with you.
Sudhir Kumar, Advocate
(Expert) 28 April 2016
Dismissal is dismissal. All he can do is to mention full facts leading to dismissal. Some dpett may (in most probability may not) take a lenient view as no moral turpitude is involved.
Guest
(Querist) 28 April 2016
I am not concealing any fact. They send me a latter " Final disposal of deserter". Before it I have received no latter and no enquiry is done.Police didn't came to my home .
Sudhir Kumar, Advocate
(Expert) 29 April 2016
your new post indicates that it is perhaps not dismissal.
what is truth.
You are giving facts on installment basis and expecting the experts to be sitting in examination hall and you taking viva.
