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Resignation during court of enquiry

(Querist) 21 February 2013 This query is : Resolved 
I request Experts/Lawyer give solution to my query.

In the March 2009, I applied for central govt, LDC job. Let say this as JOB A. I got hall ticket for written test. I attended for written test also. Later JOB A authority cancelled written test for everyone.

In the Feb, 2010. I applied for another central govt, LDC job. Let say this as JOB B. After written, skill test and Personal interview, I got appointment letter and joined in JOB B, as LDC on Feb 9, 2011. They said probation is for 2 years.

In the March, 2012, once again I got hall ticket (same hall ticket number) for JOB A written test. Once again, I attended written test. I cleared written test, skill test and personal interview for JOB B, LDC. I got appointment letter also and need to join on 10 Mar 2013

JOB A is in Hyderabad, JOB B is in Vizag, which is my home town.

In JOB A, in the month of DEC, 2012, I got show cause notice mentioning, they will terminate me based of Rule 14 of CCS CCA Rules, 1965.

I am still in probation.

Now, can I resign JOB A straight away. If I put resignation, will they accept.

If they wont accept, will I have any problem in JOB B ?

Please help me. Please give some advice/suggestions.





Kiran Kumar (Expert) 21 February 2013
find out the rules governing your job during probation period.
Raj Kumar Makkad (Expert) 21 February 2013
You have suppressed the material fact while appearing for job A subsequently to joining job B. It would have been better to first resign either of the job and then to join another. anyway, you can do so as on now so that you may not face legal problem in future.
Basheer (Querist) 22 February 2013
Mr. Raj Kumar

JOB A, has been cancelled by their respective authority itself. Later, in the year 2012, once again they have given notice in employment news for JOB A. They even included previous applied members. That is why I got old hall ticket number.

Now, my query is, Is there is any rule to not accept resignation, during court of enquiry?
Kirti Kar Tripathi (Expert) 23 February 2013
acceptance of resignation is the prerogative of the employer, it may accept or continue the enquiry.
Sudhir Kumar, Advocate (Expert) 29 March 2013
You are confused on many aspects.

A court of Inquiry or and Inquiry under CCS(CC&A) Rules?

Rule 14 of CC&A rules in not invoked for termination it is used for awarding penalty under rule 11 of the CCS(CC&A) Rules

You have to clarify which inquiry you are facing and why?

instead of writing job A job B write exact post and dptt for better appreciation.

Never expect correct advise by hiding facts from forum


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