Employement
raghavendra
(Querist) 03 November 2016
This query is : Resolved
dear sir
in the year of 2009 i have applied for the post of admin in PSU. as per advertisement education qualification required was university degree. i have applied as per this giving university degree. but, in employment application format they have mentioned i do not have any other qualification than specified in prescribed application format. but, i had LLB at the time of applying, but applied on the basis of BA becasue in advertisement clearly mentioned selection on marks basis. now company has given charges sheet on suppression of fact. since in advertisment very clearly mentioned i have to have university agree and have to meet eligibility criteria, what are the relevant for the post only i had given, now how extenet company is right to give charge sheet for false declaration. please advise me
Sankaranarayanan
(Expert) 03 November 2016
You approach local lawyer and act accordingly.
adv.bharat @ PUNE
(Expert) 03 November 2016
Raghvendra why have u hind your qualification at time of admission.?
Kumar Doab
(Expert) 03 November 2016
you could have mentioned other qualification.
Approach a very able counsel specializing in service matters.
Kumar Doab
(Expert) 03 November 2016
you could have mentioned other qualification.
Approach a very able counsel specializing in service matters.
Rajendra K Goyal
(Expert) 03 November 2016
Reply the charge sheet after taking assistance from expert in service matters and if departmental inquiry held, defend effectively through experienced defense representative.
raghavendra
(Querist) 03 November 2016
Since in adv qualification required was university, I had more marks in BA so I have applied on BA. But, after joining orally intimated in 2013 when I was in training. After confirmation I have asked incorporate my certificate in 2016. But , I got charge sheet
Kumar Doab
(Expert) 04 November 2016
Prefer to approach in person along with all docs on record, a very able counsel specializing in service matters.
P. Venu
(Expert) 04 November 2016
The management is overreaching. The allegation as to suppression is without objectivity. You may submit explanation on these lines.
raghavendra
(Querist) 04 November 2016
Please explain me, what is objectivity
Kumar Doab
(Expert) 04 November 2016
" now how extenet company is right to give charge sheet for false declaration."
Defend yourself in the matter.
Approach your able counsel specializing in service matters.
raghavendra
(Querist) 04 November 2016
I explained everything, company depends only one printed para in employment application I. E. I don't have other than education qualification mentioned in application. Company telling application is part of advertosement
Sudhir Kumar, Advocate
(Expert) 05 November 2016
you are not able to convey the problem in understandable manner. better meet a knowledgeable person with papers.
raghavendra
(Querist) 05 November 2016
Notified advertisement did not reflect I should not have higher qualifications. But specified bio data format of the company had included on para that "I do not have education qualification other than university degree".
When there is no mention in advertisement that I should not possess higher qualification, as per advt. University degree i. E., BA, Bsc, Bcom etc.. Could apply for the post
After joining orally I told to my reporting officer during training period, after confirmation I have given request to incorporate my qualifications.
As per recruitment rules if clause addedd in advertisement that I should not possess higher qualification than only undertaking to be obtained from candidates. But, in my case there no such clause in advertisement, hence , company should not take undertaking from me.
Now enquiry is started already, is there any judgement available please anybody inform me, that as per terms and condition of notified advertisement only recruitment process start and finish. And prescribed bio data format not speaking any terms, advt and prescribed bio data is different.
malipeddi jaggarao
(Expert) 05 November 2016
The contents of Bio-data is important, wherein you have hidden the material fact. Advertisement need not contain all the regulations for selection. In the series, bio-data comes next and you should have given the factual position in the bio-data. For your wrong, you are trying to take defence about the absence of terms and conditions in the advertisement. It will not help you. Only the way out is you should represent in the inquiry that you have not done intentionally, holding another degree will not outrightly disqualify you for the job as you the right one, and request pardon. This may mitigate the punishment by the disciplinary authority. Instead, if you take wrong defense, the Disciplinary Authority cease the opportunity of sympathetic consideration. Contact your seniors who can guide you to some extent. You have not named the PSU. When the next date of inquiry? Who is your defence representative? If you have time, you can send me the advertisement, bio-data and charge sheet and all other relevant papers by mail to my personal mail ID. But I will be able to guide you only in the last week of November. jaggaraom@gmail.com
raghavendra
(Querist) 05 November 2016
Thank you very much sir, I will forward the details to your email I'd.
Rajendra K Goyal
(Expert) 05 November 2016
You have hidden the material fact in bio data, later applied to add your qualification which was an attempt to accept / inform your mistake and force the department to proceed against you can be called attempt to suicide in service matter.
Now defend yourself in the inquiry.
In Departmental inquiry citation may not be entertained, it is fact finding inquiry technically.
Kumar Doab
(Expert) 05 November 2016
Being a qualified legal person you may appreciate the suggestions advanced to you in this thread.
Rajendra K Goyal
(Expert) 05 November 2016
If any thing was not mentioned in advertisement, it does not give candidate blank freedom to hide fact when specifically asked while submitting bio data.
Kumar Doab
(Expert) 05 November 2016
It is felt from the posts that the inquiry/charge sheet is not on hollow grounds.
The author should seek counsel of service matters expert and try to defend his interest.
raghavendra
(Querist) 05 November 2016
Sir still it is in enquiry I want to get relieve from the punishment convincing the same to enquiry committee. In advertisement they asked university degree, selection was on the basis of percentage, LLB I got less marks, in BA I got more marks, so I have given 1 graduation. In advertisement it was given I have to give relevant marks of university degree in bio data format. Andafter 4 years of aplication written exam conducted. In admit card also it was mentioned I have to meet minimum eligibility criteria. I don't want to go to court I want to get acquit from charges in enquiry level only.
Rajendra K Goyal
(Expert) 05 November 2016
Please refer my previous post.
This plea would support you and would justify your act in departmental inquiry is doubtful.
Engage some experienced defense representative and defend yourself in inquiry.
Kumar Doab
(Expert) 05 November 2016
Being a qualified legal person you may appreciate the suggestions advanced to you in this thread.
Seek counsel of service matters expert in person and try to defend your interest.
