Resignation held as vigilance clearance not granted because of minor punishment (censured)
sandeep
(Querist) 17 September 2016
This query is : Resolved
I work in a PSU.
I applied for resignation, but 7 days later they issued chargesheet on some matter((not matter of corruption or moral turpitude but a matter of service bond as i denied to submit bond due to contentious issue )).
35 days later i was given minor punishment i.e censured. later they told me that my resignation was not accepted as vigilance clearance was denied as i was censured.
Tthey are saying I cant leave deptt. for next 3 years as vigilance clearance cant be given. As per dopt norms(file attached).
can they really held me captive for three years on this basis.
Kumar Doab
(Expert) 17 September 2016
You have posted that:
"not matter of corruption or moral turpitude but a matter of service bond as i denied to submit bond due to contentious issue "
Signature on service bond can not be extracted by force.
It is personal prerogative to sign on a binding bond of bondage or not!
Rest you may post full and real facts of the matter e.g; why and how it is misconduct?
sandeep
(Querist) 17 September 2016
dear sir,
thank you very much for reply.
facts are,
before joining employer told me that there wil be bond of 2 lakh for 3 years.At time of joining they didnt gave any matter of bond stating that u can fill later.
after 2 months of joining they said u have to sign the bond. the content was totally changed and it was really threat to freedom as without giving any training they were able to bind me.
now they started threatening me officialy and unofficialy. so i decided to resign.
just after 7 days they issued chargesheet i and after 35 days y=they punished me by censuring.
later they rejected my resignation stating that vigilance clearance cant be granted as i was censured.
i checked that dopt norms also stated (O.M 11012/11/2007-estt. A) that vigilance clearance cant be granted for 3 years.
what should i do i feel like i am legally certified bonded labour for 3 years .
sandeep
(Querist) 17 September 2016
what should i do now. am i trapped for next 3 years.
Kumar Doab
(Expert) 17 September 2016
Your posts are not clear and contradicting:
---"before joining employer told me that there wil be bond of 2 lakh for 3 years."
How was it told; verbally or in writing?
Was there any condition of Bond stated in job advt, interview call letter, selection letter, offer letter, appointment letter, joining report etc?
---"At time of joining they didnt gave any matter of bond stating that u can fill later."
If it was not given then how can you fill later?
Did you ever agree on record/in writing to sign the Bond on conditions narrated to you?
---"after 2 months of joining they said u have to sign the bond. the content was totally changed "
If NO content was ever given earlier then how do know the content was changed?
How did they say/communicate ; verbally or in writing?
---"it was really threat to freedom as without giving any training they were able to bind me."
Is training to be provided a ground for Bond?
Was any training indeed provided so far?
---"now they started threatening me officialy and unofficialy. so i decided to resign.'
How were you threatened officially?
How were you threatened un-officially?
---"just after 7 days they issued chargesheet'
What is the charge leveled?
Have you submitted anything in writing?
It shall be certainly better to get all record examined by a service lawyer.
Rajendra K Goyal
(Expert) 17 September 2016
Well advised, agree with expert Kumar Doab.
Guest
(Expert) 17 September 2016
Vigilance is wrong.
Show your papers to some capable service law expert. pursue the matter vigorously, otherwise serve notice u/s 80 CPC.
Kumar Doab
(Expert) 17 September 2016
It shall be certainly better to get all record examined by a very able counsel specializing in service matters.
Raj Kumar Makkad
(Expert) 18 September 2016
I am of the considered opinion that an employee cannot be forced to sign the bond if the same was not part of the appointment/advertisement.
If so, you have not committed any offence of subordination and accordingly take up your matter before CAT.
Raj Kumar Makkad
(Expert) 18 September 2016
Once the order of Censure is set-aside, your resignation shall be duly considered.
