termination between departmental enquiry
neeraj
(Querist) 12 January 2016
This query is : Resolved
Sir I am in probation and suspended by the dept and a false case of 406 is lodge against me . but dept enquiry is not enitiated till now . and they are not revoked my suspensions from 7 month. I want to know that can dept now terminate me without court decision and without dept enquiry completed. As I am in probation . as they do all that to terminate me. Suggest me what should I do to get back in job as I am going to file for quashment of fir.also. I should file a writ for suspension revoked in high court and what is chances of that.
Sudhir Kumar, Advocate
(Expert) 13 January 2016
IF YOU ARE NOT EXONERATED BOTH FROM CRIMINAL CASE AND DEPTTL INQUIRY ON THE DAY OF COMPLETION OF PROBATION THEN DEPTT CANNOT KEEP YOU.
neeraj
(Querist) 13 January 2016
Sir case and dept inquiry both are not completed as they not started it till now from seven month and completion of probation is 29 January.so case is not come for trail in court and dept enquiry is not in progress.
neeraj
(Querist) 13 January 2016
What should I do to save that.
neeraj
(Querist) 13 January 2016
Till now neither dept nor court listen me so it is a one sided action if they terminate me. At least for the allegation they put on me have to prove after cross examination and if it not done then it is not a fair decision. Suggest me to do something for that.
Rajendra K Goyal
(Expert) 13 January 2016
You are on probation, department may not allow you to continue if you are not released. However, go through your service conditions.
neeraj
(Querist) 13 January 2016
Sir if dept start enquiry then I will be release if he not start then how I will release.
P. Venu
(Expert) 13 January 2016
The Department can decide not to extent the probation. But it should be through an Order simplicitor, not because of the pending criminal case or pending departmental proceedings.
Please inform the Rule under which you have been placed under suspension? Had you been arrested?
Guest
(Expert) 13 January 2016
Your regularisation of appointment after completion of your probation with ultimate exoneration of the criminal charge by the court of law are the only ways to continue with the job. Launching of departmental inquiry or no inquiry depends mostly upon the nature of verdict by the court of law in the criminal case.
neeraj
(Querist) 13 January 2016
Under the civil service rule of m.p. state govt 1966 . no not arrested I have got anticipatory bail. I am a govt employee and knowledgeble person of dept says that dept can extend probation but not terminate me until they finalize one of case either dept enquiry or court case.
Guest
(Expert) 13 January 2016
If knowledgeable person in rules, there was no need for you to ask for advice.
Guest
(Expert) 13 January 2016
Moreover, your subsequent query, "if it not done then it is not a fair decision" is merely a hypothetical assumption, not an incident or problem, which has not yet arisen. So, it was premature on your part to ask for solution on some preseumptive issue. Still further, when you are a knowledgeable person, the solution to a hypthetical assumption was not called for and you could well have decided the course of action as per the rules in your knowledge.
I don't think the members should waste their time in suggesting any remedy to some hypthetical state of affair.
Sudhir Kumar, Advocate
(Expert) 17 January 2016
not agreed with the knowledgeable person you met.
deptt cannot extend probation indefinitely.
deptt can decide not to extend probation and terminate.
K.S.Srinivas
(Expert) 24 January 2016
You can not demand the department for extension of probation period. The department an dismiss you from service if the case is proved. Otherwise the department may dismiss you on the conducting the departmental proceedings.
