Resigning tamil nadu police without serving notice period

Querist : Anonymous (Querist) 15 June 2023 This query is : Resolved
Hi, One of friend is a Tamil Nadu Police (Station Inspector) for 2 and half years (completed probation), He got an offer form a good known IT firm and good salary. The problem with this job is he needs to join immediately. Serving notice period of 3 months is not possible for him. His higher officials are not in good terms with him and are not willing to do him any favour too. Is there a rule or way he could quit without any issues ? And I would also like to know what would happen if he deserted police job and joined IT firm without letting them know. Will he face any issues doing so ? will he caught in background verification of the private firm ? Thanks for your response!

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Sudhir Kumar, Advocate Online

(Expert) 15 June 2023
read his offer of appointment. At times govt job has option of termination of service by either side by one month notice or salary in lieu thereof.

Only if he is temporary and not completed probation.

kavksatyanarayana (Expert) 15 June 2023
Yes. I agree with the advise of the above senior expert.

T. Kalaiselvan, Advocate (Expert) 16 June 2023
If his employment offer letter mandates that he should serve three months notice period on resignation then he has to either serve or pay a compensation for the unserved notice period.
He cannot remain absent without resignation or leave, he my termed as a deserter if he is dong any such thing, for which he my even be punishable because he is working in an unformed service.

Dr. J C Vashista (Expert) 16 June 2023
First of all the issue is stated to be concerned to your "friend" and not your own, you need not worry.
Question-wise reply is as under:
Q 1. Is there a rule or way he could quit without any issues ?
Ans: Terms and conditions of appointment shall govern the subject, which is presumed to be either serve notice period or pay the amount of notice period.
Q 2. And I would also like to know what would happen if he deserted police job and joined IT firm without letting them know. Will he face any issues doing so ?
Ans: It would attract desertion and disciplinary action as per rules on the subject

Q 3. Will he caught in background verification of the private firm ?
Ans: Yes. the fact will surface.

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