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Aakash Singh   21 April 2017

Not relieved from previous job

I had completed 11 years of service in state government without a single notice , in 12th  year I got a better job . I resigned on personal reasons and joined the job but not relieved , I send 2-3 resignation after that which were rejected saying that an enquiry is pending hence can't accept, now   should i join the previous job after quitting the current to avoid any charges or may i continue with current job



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 4 Replies

Ritesh Maity (Labour Law Advocate)     21 April 2017

Please come with clear facts as mentioned heruender:

1. Date of joining

2. Date of resignation. How it was submitted?

3. Date of rejection of resignation.

4. Is the enquiry pending?

5. When it was initiated?

6. What are the charges levelled against you?

7. When did you join the current job?

 

 

 


(Guest)

Use your own wisdom whether to rejoin your parent organization of not, if resign not accepted.

 

Aakash Singh   22 April 2017

Thank you all and specially to Ritesh Sir, 1. Date of joining October 2004 2.Date of resignation 20 Sept 2015 by hand and again in January 2016 by fax. 3.Date of Rejection February 2016 4.Yes 5.In December 2015. 6. Carelessness in duty and lost the record. 7.Current job in October 2015

Ritesh Maity (Labour Law Advocate)     22 April 2017

It seems you have resigned on 20th September 2015 while enquiry was initiated in December 2015 i.e two months are your resignation. It can be considered that the company intentionally started the enquiry in order to hold you in your job and not to releave you. Here you have a good case. 

 

But if your enquiry was initiated in December 2015 basing on a charges related to any incident prior to your submission of resignation i.e. before 20th Sept 2015 then it may be presumed that after committing misconducts you intentionally decided to leave the service in order to avoid punishment. 

 

At the current stage when you are working in the new company since October 2015, it is upto you to decide whether to stay with your current company or to go back to the old one.


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