Tanmay Datta 04 July 2016
Kumar Doab (FIN) 04 July 2016
Repeated query:
https://www.lawyersclubindia.com/forum/details.asp?mod_id=139308
Continue in other original thread only.
adv.raghavan (Advocate,9444674980) 06 July 2016
There is no bar in joining new openings,,charges are yet to be proved,but be sure that the concerned PSE should allow for this.Legally you are innocent till proven guilty. Go by terms of employment and take a call.
Tanmay Datta 06 July 2016
thank you sie for your kind advice. i did not yet find any clause in the appointment letter to debar me from joining the new pse. i have applied as a fresher in the exam and have not claimed any experience .
Kumar Doab (FIN) 06 July 2016
You have committed Blunder(s).
Did you at all consult a good counsel, so far?
Tanmay Datta 06 July 2016
sir, i have not yet joined the pse. just appeared for the interview. i want to get remedy through the forum. kindly advice me as to how i can join the pse?
Kumar Doab (FIN) 06 July 2016
You have concealed from PSE.
You have committed Blunder(s).
Did you at all consult a good counsel, so far?
Tanmay Datta 06 July 2016
yes. i have also consulted a good counsel. the bank has not paid me any subsistence allowance to me in cash, because they have put a hold in my salary account. how can i survive for a living? although the job category in pse is temporary it is likely to continue in future. please suggest as to how i can continue my living by joining the new pse?
Kumar Doab (FIN) 06 July 2016
Get honorably acquitted from all charges.
The lien is probably marked as bank is laying claim to fraud.
What is the opinion of your counsel that has examined all of your docs and inputs?
Sudhir Kumar, Advocate (Advocate) 09 July 2016
Originally posted by : Tanmay Datta | ||
yes. i have also consulted a good counsel. the bank has not paid me any subsistence allowance to me in cash, because they have put a hold in my salary account. how can i survive for a living? although the job category in pse is temporary it is likely to continue in future. please suggest as to how i can continue my living by joining the new pse? |
You are dilegently trying to confuse two independent issues.
So far the corum could not get confused.
(I) Non payment of subsistance allowace a cler irregularity on the part of employer which is clearly amounts of denial of opprtuinity of defence. They have no jhustification if this is challnaged in the court.
(II) Joining another PSU is just not possible as long as a case is pending and as long as you are not acquitted on merit. The PSU is not obliged to keep the post vaccant till eternity and most likely to close the case.
Sudhir Kumar, Advocate (Advocate) 09 July 2016
Originally posted by : adv.raghavan | ||
There is no bar in joining new openings,,charges are yet to be proved,but be sure that the concerned PSE should allow for this.Legally you are innocent till proven guilty. Go by terms of employment and take a call. |
"innocent till proven guilty. " I wish if this could happen in servic jurisprudence as well. In joining and serving Govt one has to be proved guilty till proved exhonerated.
The concerned PSE if knowing the facts can never allow joining. They must be having well elightened HR personnel.
Sudhir Kumar, Advocate (Advocate) 09 July 2016
Refer https://www.lawyersclubindia.com/forum/details.asp?mod_id=139308&offset=1
You are already advised against gettin in another job by fraudulently concealing. PSU will also give you attestation form where you have to clearly state whether any criminal case is pending.
Kumar Doab (FIN) 09 July 2016
Why to repeat?
You may better consult a counsel worth his salt, well versed with such/labor/service matters.