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To join company

Querist : Anonymous (Querist) 22 December 2011 This query is : Resolved 
can any suspended public sector employee tender his resignation to join private company
Guest (Expert) 22 December 2011
No restriction in tendering resignation by any employee during suspension period. However, acceptance of resignation depends solely on the employer.
Sudhir Kumar, Advocate (Expert) 22 December 2011
Fully agree with Mr Dhingra. The qeury could be more specific if the designation and nature of charges were elaborated.
Raj Kumar Makkad (Expert) 22 December 2011
As per CSR, the following rule position is relevant for the current case:

4.9. RESIGNATION, REMOVAL AND DISMISSAL

4.10.1. Resignation

4.10.1.1. Resignation should be clear and unconditional. It should be submitted to the Appointing Authority in respect of the service or post in question who is competent to accept it.

4.10.1.2. Resignation from service will generally be accepted straightaway.

Exceptions: -

i) When the officer concerned is engaged on work of importance and alternative arrangements for filling up the post may take time.

ii) Officials against whom inquiry/investigation is pending (whether under suspension or not).

iii) In cases covered by (i), resignation should be accepted only when alternative arrangements have been made.

iv) In cases covered by (ii), resignation will not be accepted if it is in the interest of C-MET to pursue the disciplinary case. The Competent Authority may, however, accept the resignation: -

- if the case does not involve moral turpitude and public claims, or
- if the available evidence does not have a base strong enough to lead eventually to dismissal or removal from service, or
- if further pursuit of the case may get so protracted as to render acceptance of resignation cheaper for the exchequer.

Acceptance of resignation in cases at (ii) above is subject to prior approval of the Vice-Chairman, Governing Council in respect of officers holding posts equivalent to Groups ‘A’ and Executive Director in respect of others

4.10.1.3. In all cases of acceptance of resignation, prior vigilance clearance from the Competent Authority is mandatory and this clearance should be accorded expeditiously.

Querist : Anonymous (Querist) 23 December 2011
Dear Sir i want to clear the matter in front of you
I have taken a trial of pump which was tripped previously and mentainance department done some work after a clearence of mentainance department.and sudden flashover took place and fire spread all over Fire Fighting people not extinguish the fire then how could i responsible for fire as i have taken trial when other department given concent and i have nothing any tools to check pumps healthiness but My department held responsible to me and suspended me which is totally illegal but due to suspension i cannot do any thing and meanwhile as previously undergone an inteview A private firm given me an appointment.i want to resign to join Private company so i want to join that firm but due to suspension i cannot tender resignation.only crgesheet is issued to me no any other proceeding being conducted.then what can i do? please guide me
prabhakar singh (Expert) 23 December 2011
Look into your's PSU service rules.
Sailesh Kumar Shah (Expert) 23 December 2011
wait some time to dispose matter and also check service rules.


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