Dismissal of govt. servant on probation
Tashi Norbu Basi
(Querist) 19 June 2013
This query is : Resolved
Dear Experts,
I was appointed as Junior Accounts clerk with a probation period of 1 year. In the sixth month of my probation I was arrested on charges of having murdered my wife. I was suspended from work within a few days of my arrest. I spent a total of about 1 1/2 years in custody. Vide order on Consideration of Charges the criminal case against me was dismissed by the court on technical grounds.
I would also like to add that while I was in custody, I had received a 'show - cause notice' from my department concerning the allegation against me. And I had also replied to the show cause.
After discharge when I tried to rejoin duty, I was told that an order terminating my employment had been issued. The order stated that I was being discharged because of the Police Case against me and that my reply to the show cause was found incorrect by competent authorities and that my actions were found to be unbecoming of a government servant.
I wish to file a writ against my discharge. But am faced with some problem, which are:-
1. That I was on probation (but I am told that if my termination order accuses me of some criminal wrong than an 'enquiry' before issue of such order, was mandatory?)
2. I am also told that as I was on probation, the fact that a show cause notice had been issued against me and that I had replied to the show cause, it is deemed enough to hold that an 'enquiry' had been conducted?
What should I do now? Please help me with some specific guidance and precedents, if you'll are aware of any.
Thanking you.
Megh
Guest
(Expert) 19 June 2013
Have you got the termination letter? If so, what ground has been shown in the letter for termination and under which rule of which Government?
If no termination letter has been received by you get a copy of the same under dated signature.
ajay sethi
(Expert) 19 June 2013
answer queries raised by dhingarji
Rajeev Kumar
(Expert) 19 June 2013
Answer the queries raised by Dhingra Sir.
Rajendra K Goyal
(Expert) 19 June 2013
An inquiry can not be supposed to be hold till it is held in actual. As per your version no inquiry was held. Termination without inquiry is invalid.
The points raised by expert Sh. Dhingra ji are essential to reach any view.
your offense was not against the department and in criminal case against you was dismissed which is also a positive point in your favor.
Sudhir Kumar, Advocate
(Expert) 19 June 2013
since a criminal case was pending against you , you did not have the right to clear probation and your termination appears lawful on that count. To that extent I will differ with Mr Rajender K Goyal.
This is one aspect.
Another aspect is that you are told that your conduct is unbecoming of Govt servant. When criminal case is dismissed on technical grounds not on merits) the department has got a right to proceed against you in departmental inquiry. But deptt cannot do so without inquiry and also department can can issue chargehseet to you only if you are in service by that time. In this case you appear to have been termination due to non-clearance of probation.
In this case it is absolutely clear that when conduct unbecoming Govt servant is there then there cannot be any termination it can be dismissal from service for which procedure of chargehseet and inquiry is must.
Since you were in custody and department was aware of the same. A chargehset could have been serve din Jail and you could have been summoned form jail to attend the inquiry in custody.
Further advise can be given only when query raised by Mr Dhingra is replied.
Nadeem Qureshi
(Expert) 19 June 2013
nothing left to add, first give answer then get advise
Sudhir Kumar, Advocate
(Expert) 21 June 2013
continued on http://www.lawyersclubindia.com/experts/Dismissal-of-govt-servant-on-probation-cont--401051.asp
