Dismissal without services

RAJ KUMAR (Querist) 19 April 2012 This query is : Resolved
IF AN EMPLOYEE IS DISMISSED WITHOUT FURTHER SERVICES, IT MEANS HE IS BARRED TO SERVE ANY OTHER-WHERE. CAN IT BE CHALLENGED UNDER THE CONSTITUTION AS A RIGHT TO SERVE AND EARN LIVELIHOOD, OR UNDER SOME OTHER ACT.

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Ajay Bansal (Expert) 19 April 2012
As it is a stigma,so it can be challanged in the High Court under Article 226/227 or it can be challanged in the civil court by filing a civil suit for declaration and injunction.

Guest (Expert) 19 April 2012
The case of dismissal on account of indiscipline of the employee does not fall within the purview of the right to serve or to earn livelihood. However, the employee has the right to appeal against the penalty of dismissal to the competent Appellate Authority and further to challenge the same in the competent court of law on account of injustice, if any made, on merits of the case.

Dismissal of course is a bar to serve in any of the Government organisations.

Sudhir Kumar, Advocate (Expert) 19 April 2012
first of all kindlyh elaborate if the employer is Govt?

Raj Kumar Makkad (Expert) 19 April 2012
I do endorse the views of respected Dhingra ji.

K.S.Srinivas (Expert) 23 April 2012
I agree with the expert Dhingra

RAJ KUMAR (Querist) 23 April 2012
THANKS TO ALL EXPERTS

Sudhir Kumar, Advocate (Expert) 01 October 2013
repeated

http://www.lawyersclubindia.com/experts/SERVICE-MATTER-CASE-426351.asp#.Ukqh7H_Qzmk

Sudhir Kumar, Advocate (Expert) 05 October 2013
why do not you have one thread and all relevant facts in that and have a sound advise. This way no doubt you are availing free facility but you are depriving yourself of the comprehensive advise.

You have to decide whether you want advised or you want to play hide and seek with experts.

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