Regarding suspension

MANISH KALAMKAR (Querist) 02 February 2013 This query is : Resolved
respected sir
i have been under suspension since 02/12/2011.until now corporation has not done
any correspondence in respect of revocation of suspension or termination.
meanwhile taking due permission of branch office,i appeared in govt.dept. exam.
after i am selected in final list.but now i wish to know from you whether i can resign from existing post as well as join next job?sir i have 1 month in hand to join new post.currently i am in suspension under 36[2] of lic staff regulation 1960.

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Guest (Expert) 02 February 2013
You can submit your resignation but acceptance depends solely on the discretion of the disciplinary/ recruiting authority. Suspension is made when some disciplinary case is pending in the organisation. So, your resignation is not likely to be accepted till the disciplinary case against you is finalised in all respects. Permission to take an exam is not normally withheld during suspension, but joining the new post for which the exam is qualified depends upon vigilance clearance from the organisation.

However, since your suspension is for more than three months, the LIC was required to review the suspension order for continuation beyond the initial 3 months and communicate the decision before the expiry of three months, you may submit an appeal for revokation of your suspension.

MANISH KALAMKAR (Querist) 02 February 2013
sir,if i resign from current job and join new
post[since at joining relieving letter is not needed] would it be considered as dual employment?
is there any specific period to contemplate on resignation by organisation?
if 1 month lapses in this process there is a little hope to get another job in near future.
what could be the reason for not issuance of any order by organisation for period of 14 months?
sir please attend this question.

Guest (Expert) 02 February 2013
Of course that would be case of dual employment if not formally relieved on acceptance of resignation by the present employer. Better get your case settled as soon as possible to enable yourself to join the new post.

MANISH KALAMKAR (Querist) 02 February 2013
SIR
is there any option of conditional resignation or lien?
means could i join another job giving temporary resignation to corporation?

MANISH KALAMKAR (Querist) 03 February 2013
can order of disciplinary authority be challenged before law regarding denial of accepting resignation?
since corporation did not ask my representation in 14 months[period of suspension]should i or corp.be held responsible for such prolonged suspension.
can new employer deny me on the grounds of previous employer's strategy?
sir please guide me.i am waiting for your suggestion eagerly.

Guest (Expert) 03 February 2013
No option, except to get relieved officially. When you have not submitted any appeal to the appellate authority against your suspension, chances are bleak in the court of law to challenge the suspension.

Joining by new employer without relieving letter depends upon the discretion of the employer.

MANISH KALAMKAR (Querist) 03 February 2013
SIR
really i am satisfied to most extent with your advice and suggestion.i from my heart want to thank you to direct me in such a critical situation.
thank you very much sir.

Guest (Expert) 03 February 2013
You are welcome.

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