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Sameer   18 September 2015

Very urgent- dismissal from government service

Dear Sir,

                My brother joined a state goverment service in 2011 but just he changed his mind and did not go to service from the next second day (due to some personal reason also). He forgot to send to govt any document about his resign or absence. After arounf 8-10 months when a notice came from govt for coming back to office . He send a resignation letter mentioning the cause- "Personal reason". After that no reply or any correspondence came from Govt. side so he thought that his resignation is accepted. In between he has joined a private MNC and also started preparing UPSC civil services..

Now in JAN 2015 a letter came from govt to with various charges against him such as long  absence without permission . He replied with his earlier sent resignation letter, but Govt replied with a harse letter to  dismiss him from service (Govt. letter was  in Hindi mentioned aapko seva se mukt kiya jata hai) and mentioned that his resignation letter can not be accepted.

He has not taken a single paise from this service . As he is hardly preparaing for civil service from last 2-3 years. He has reached to interview stage in last year. Now with this letter he is in huge frustatiion and mental trauma  as dismissal from service means as we understtod that his carer will be ruined and he will not be eligible to join any state or centre govt. service. Is it true?

Should he get such a severe punishment (Dismissal) for his unwilling full mistake.

He is  in such a situation that he even thinks to end his life as he will not be able to become IAS because of this govt. dismissal letter. We all are in a sever mental trauma.

My humble request to the experts here to please help us by your valuable advice. 

Its very urgent ........Please help

Thanks Sameer



Learning

 36 Replies

KS Johal   18 September 2015

Difficult to understand and to make sense and therefore difficult to advise. Sorry.

Mukesh sharma (job )     18 September 2015

hi you written in this blog i read it all but i have not understand  what advise i tell you for your best so  i tell you one thing first you talk with senior officer on your office where you work before leave this govt job after all if nothing come out than you go in court file application hope you will success 

 

Kumar Doab (FIN)     18 September 2015

dismissal is hindi means;

Barakhastagi

Sevamukti

 

The alternative with you is to first try and appeal to authorities.

Show everything on record to an able Labor Law Consultant/Service Matters Lawyer/Law Firm.

 

Sudhir Kumar, Advocate (Advocate)     20 September 2015

"aapko seva se mukt kiya jata hai"

does it really mean dismissal.

If he did not want to continue he should have given resignation instead of waiting for chargesheet.  It is harvest of own reaping.

 

Basically he has taken govt service lightly.  Joining and not tendering resignation.  You expect him to be a capable to dischrage responsible duties?

 

Please note even if he clears interview there is no gaurantee that he will be allocated to IAS.  there are 2 and half dozen services for which joint test is held.

Sameer   20 September 2015

..@ Sudhir Kumar Sir Thanks for you reply.I agree with you that He has done a blunder. But We were actaully not aware about the  process of resignation. As mentioned earlier he has sent a resignation letter to after 8-9,months after joining and talked to the govt.offices (Babu log)  over phone.  He was told that if he is not interested in service his resignation letter will be accepted and after that we thaught that the resignation would have been accepted.

As it is a matter of somebodies life. I beg to all of you experts to suggest the way to come out of this turmoil.

I also have following query.Kindly suggest.

1. Is it possible to change the decision from padmukt (Which i suppose mean Dismissal) to removal by conincing the same autorities which has made the order?

2. Should I go to court for belittle the punishment from dismissal to removal?.And where shoul I go..State High Court or State tribunal court?

3. Is Padmukt means dismissal or removal?

Please...please reply .....waiting for all your valuabe suggestions.

 

Sameer   20 September 2015

@ Sudhir Kumar Sir.. What do mean by joint test kindly elaborate...

Sudhir Kumar, Advocate (Advocate)     20 September 2015

You asked "What do mean by joint test kindly elaborate..." I am not spokesperson of UPSC. Please read the advertisement under which he has applied.

Sudhir Kumar, Advocate (Advocate)     20 September 2015

Originally posted by : Sameer
..@ Sudhir Kumar Sir Thanks for you reply.I agree with you that He has done a blunder. But We were actaully not aware about the  process of resignation. As mentioned earlier he has sent a resignation letter to after 8-9,months after joining and talked to the govt.offices (Babu log)  over phone.  He was told that if he is not interested in service his resignation letter will be accepted and after that we thaught that the resignation would have been accepted.

As it is a matter of somebodies life. I beg to all of you experts to suggest the way to come out of this turmoil.

I also have following query.Kindly suggest.

1. Is it possible to change the decision from padmukt (Which i suppose mean Dismissal) to removal by conincing the same autorities which has made the order?

2. Should I go to court for belittle the punishment from dismissal to removal?.And where shoul I go..State High Court or State tribunal court?

3. Is Padmukt means dismissal or removal?

Please...please reply .....waiting for all your valuabe suggestions.

 

1. Is it possible to change the decision from padmukt (Which i suppose mean Dismissal) to removal by convincing the same authorities which has made the order? Ans : Padmuk is “removal from service” which is not disqualification for appointment. Dismissal is bar on future employment under Govt. I may be wrong You may better see the dictionary or consult CC&A Rule of the state . 2. Should I go to court for belittle the punishment from dismissal to removal?. And where should I go..State High Court or State tribunal court? Ans : You are nobody to challenge this decision only your brother can do so. Court generally does not interfere in quantum of punishment. He cannot challnag the procedure as has not participated in proceedings. He has nothing much to challnage on merit. 3. Is Padmukt means dismissal or removal? Ans : You may better see the dictionary or consult CC&A Rule of the state .
1 Like

Sameer   20 September 2015

@ Sudhir Kumar Sir Thanks a lot for your prmpt reply...Thanks for giving a big hope....i hope padmukt means removal only .I will try to find out the padmukt word meaning from state CCA rules 

Sir my concern is

1. if he doesntt mention this matter of removal/dismiisal and get future employment will it harm to his job in future?.

2. Joint test i meant for any centre or state government whoever  are the other autohities like police in criminal case enquiry to find the past details of candidate.

3. Can someone might get a escape from his past records (like this particular case ) by government enquiring authorities or they actually scan regioursly through all details of candidate

Sameer   20 September 2015

Dear Experts.

Please suggest where should er approach in this particular case.  High court or State public service tribunal?.

 

Sudhir Kumar, Advocate (Advocate)     21 September 2015

1. if he doesntt mention this matter of removal/dismiisal and get future employment will it harm to his job in future?. CERTAILY HE INVITES TROUBLE BY SECURING A JOB BYH HINDING FACTS. IT CAN BE AT THE FAG END OF SERVICE 2. Joint test i meant for any centre or state government whoever are the other autohities like police in criminal case enquiry to find the past details of candidate. YOU ARE COMMITTED IN NOT UNDERSTANDING WHAT IS “. Joint test” YOU HAVE NOT SEEN THE ADVERTISEMENT ON WHICDH YOUR BROTHER HAS APPLIED IT IS NOT “ias EXAM” IT IS “Civil Services exam” I believe selection of about 30 different serices is made form single examination . 3. Can someone might get a escape from his past records (like this particular case ) by government enquiring authorities or they actually scan regioursly through all details of candidate NOT UNDERSTOOD WHAT DO YOU MEAN.

Sudhir Kumar, Advocate (Advocate)     21 September 2015

Originally posted by : Sameer
Dear Experts.

Please suggest where should er approach in this particular case.  High court or State public service tribunal?.

 

If state has a tribunal then you cannot go to high court. In any case unless an appeal is made to appellate authority (within stipulated time) the court will not entertain the matter.

Sameer   21 September 2015

@ Sudhir Kumar Sir, Thanks Sir!!

Sir, Please sugest, Its very important...Before going to state public service tribunal aginst the govt. decision  should he go to the govt officor (Highest autorities who dismissed him) requesting to reduce the peanlty from dismissal charge to removal ( to allow  him eleigible for future employment) on humanitarian basis.

Do the autorities have the powers to change their decision or decison once taken can not be changed easily by this means and he has only option to go to tribunal.

Kindly reply

Sameer   21 September 2015

Sir. Waiting for your valuable suggestions on above mentioned query. Please reply at your earliest convenience .

 


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