Is the termination valid without holding any enquiry


my friend was appointed in a central govt deptt in august 2006 in group c and was confirmed after completing probation of two years w e f august 2008. he applied through proper chennel after obtaining noc from the deptt for a group b post in another central govt deptt. was selected through direct recruitment by ssc. he joined new post in july 2010 after due acceptence of his technical resignation from previous deptt. his all service records were transfered to new deptt. in new deptt, he was on probation again for two years but after one year and 10 months approx. a criminal case was registered against him and he was arrested by the police. due to this, on first day of his arrest he was suspended, next day his suspension was revoked while he was on police remand and on the same day his services were terminated under temporary services rules without holding any enquiry. is this termination valid and legal? any authority, rule, notification or court judgment in this regard?

 
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Legal Enthusiast

hello,

a lot depends on service rules.

 
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any detailed answer plz??????????????????

 
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Lawyer/Advocate

As you have mentioned that your friend was in the service since 2006 during that time at the filling up of application form for vacany of post that there were a declaration that the employer can terminate me at any stage without any prior notice. So better to ask your friend whether that clause was in the application form thereafter I will be able to suggest you better. Here is my contact number +91 8521212095
 
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Dy Director

This termination is clearly illegal bneing shortcut of disciplinary proceeding.  Probation clause is not meant for this.

 

Further more having been appointed on technical resignation from a post wher ehe has completed probation, he was already a permanent Gov temployee and not oppen to such termination.

 

he should appeal to Appellate Authority as per CCS(CC&A) Rules and mov eto CAT. 

 

BAded on given facts appears to be  a good case of challange.


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Legal Enthusiast

hello,

it also depends on the gravity of the criminal offence.

 

 

regards-

rahul.gogreen@gmail.com


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Dy Director

It does not depend upon the gravity of criminal offence.  The probationer cannot be removed from service simply because a criminal case is registered.  It will amount to shortcut of disciplinary proceedings and violation of CCS(CC&A) Rules and overstepping of CS(TS) Rules.


The query is silent about the timing of probation period and date of discharge. However, at the time of clearing of probation, vigilance clearance is required.  If a criminal case is pending (regardless the gravity of offence) such clearacne is not given and the person (regardless the performance report) is liable to be discharged.


In this case the person was already holding another permanent post from whcih he came on technical regisnation and till confirmed in present post held a lien on past post.  So new deptt could , even if he does not complete probation cujld revert him back to same post.


EIther the queriest does not have full facts. Or a gross miscarriage has been done. 


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lawyer

Normally termination without any enquiry is illegal But under certain circumstances, when gravity of misconduct is of such a nature, when immediate termination of employee is necessary in the interest of estabishment, the termination without enquiry can takes place. In the present case, you have not mentioned the reason for his arrest. If it involve moral turpitute or any other criminal offence, which lead the employer to loose confidence on employee. Such termination is valid otherwise not.


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A lot of thanks for valuable advices. all details of this matter which is subjudice and very sensitive may not be shared on such social plateforms for obvious reasons. however the facts mentioned above topics are main and  first responses on primarily examination by all of you are valuable.

 
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Legal Enthusiast

hello,

@Sudhir  Sir.

gravity of offence also matters.

both departmental enquiry and criminal proceeding can go simultaneously.

 

 

regards-

rahul.gogreen@gmail.com

 
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