Withdrawal / cancellation of absorption.
Harish Sharma
(Querist) 11 February 2014
This query is : Resolved
I Joined NHAI on deputation in 2008 and the authority invited applications for Absorption on the same post on which I was working. I applied and was selected by selection committee for appointment subject to Vigilance Clearance from Vig. division. Afterwards 4 months later, offer of appointment on absorption was given to me in July 2013 and I took voluntary retirement from my parent organisation on the grounds of absorption and joined NHAI after acceptance of VRS. Appointment Order was also issued in Sept. 2013 subsequent to acceptance of my VRS. Now after 5 months of joining, Admn. division of NHAI has issued me a showcause notice in Feb. 2014 for withdrawal/ cancellation of offer of absorption on the ground of some problem in vigilance clearance, which I am not aware of. Neither any memo/charge-sheet/seeking clarification on the so called vigilance matter has ever been served to me in my career in NHAI since my deputation. I have never been asked any question by Vig. division and admin, division in any matter in the past.
My queries are:
1. Can the appointment be withdrawn after such a long time on ground of vigilance clearance for which I am not responsible and in a situation when i have taken VRS and my VRS has been accepted due to absorption?
2. Can the vigilance clearance be denied for a person who has newer been asked any question in any matter/inquiry which is more than 2 yrs old?
3. Can the Competent Authority who approved Absorption on the recommendation of Screening committee & Selection committee can himself change its decision after 5 months and withdraw its offer?
4. Can the offer of absorption be withdrawn after issuance of appointment order on the grounds that the offer of appointment is provisional and the employee is on probation.
4. What are legal remedies available to me suppose in case offer of absorption is withdrawn? Because I have taken VRS and withdrawal of offer of absorption shall amount to termination of my services.
Please provide me your valuable advise.
Guest
(Expert) 11 February 2014
Your query wise reply is as follows:
1) Once absorbed, post-facto cancellation of absorption is not possible after joiing of employee.
2) Vigilance clearance was required to be taken before your joining on the post on absorption basis, not after your joining.
3) Not possible after you joined the post. The competent authority can only terminate you after issue of due termination notice as per the terms of offer of appointment, or issue charge sheet to you, if any offence has been noticed, after inquiry of which he can impose any penalty, which may include termination, removal, compulsory retirement or dismissal.
4) Offer of appointment can be withdrawn before the employee joins his post on absorption basis, irrespective of whether on provisional basis or not. The offer cannot be treated as a live offer, when already matured on your joining. Since you have already stated that you have joined NHAI, there is no scope of withdrawl of offer.
5) Presently, you may reply appropriately to the showcause notice with the help of some service law expert. You would need to go to the court only, if the offer letter is cancelled, instead of taking action, as pointed our aginst point No.3 above, otherwise not. However, if any charge sheet is issued, you would need to effectively defend yourself in the departmental inquiry.
Rajendra K Goyal
(Expert) 12 February 2014
Agree with the expert P.S. Dhingra ji. Well advised.
Harish Sharma
(Querist) 12 February 2014
Thanks a lot for your kind advise and moral support Sh. Dhingraji & Sh. Goyalji.
Guest
(Expert) 12 February 2014
You are welcome.
Ms.Usha Kapoor
(Expert) 30 June 2018
I agree with Expert advice of PS Dhingra Ji.
T. Kalaiselvan, Advocate
(Expert) 13 February 2014
