Querist :
Anonymous
(Querist) 28 November 2011
This query is : Resolved
sir, i am working as a conductor in A P S R T C. recently i get the removal order copy dated 31/10/11. the reason is i had an absent one day without any intimation.(show cause notice with removal dated 17/10/10 DASSARA FESTIVAL DAY). actually my wife had fever, i had requested to my controller through mobile for one day leave, he refused, then i had put a sick intimation through mobile and a letter for three days.(all the audio matter recorded in my mobile). what can i do now to get my job please advice sir....... actually the controller had an intention to remove from my job because i had some audio and video recordings of harassment on me, which are previously taken place. i suffered so much with him in different ways. i had all audio proof, can i ask for law for these incidents. what is the way to me and what to do please help me.
M/s. Y-not legal services
(Expert) 29 November 2011
had you obeyed your show cause notice dt17.10.2010?
if you given any written reply for the charges mean or you can prove your merits with evidences mean invoke the extraodinary jurisdiction of your high courts.
i mean file a writ petition under service law and pray "stay further proceedings in your show cause notice and reinstate with your service"
appoint an advocate from service law field..
Raj Kumar Makkad
(Expert) 29 November 2011
No person can be condemned unheard, this is the base of service prudence. If you have been removed from service without hearing you and even without conducting any formal enquiry in the given facts then it is bad in the eyes of law so you are advised to challenge your order of removal either before High Court by way of writ petition or in civil court by way of civil suit but definitely civil suit shall take longer time.
Advocate. Arunagiri
(Expert) 30 November 2011
You can challenge the termination by a Writ petition. Dont delay, consult a High court advocate, who is dealing with service matters.
Guest
(Expert) 30 November 2011
Single day's absence is not a valid cause for removal from service. Bias of the employer/disciplinary authority can well be proved. You can get back your job. Must act without any delay on the advice of Mr. Arunagiri.
Sailesh Kumar Shah
(Expert) 02 December 2011
Go for writ petition as advised.
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