Is the termination valid without holding any enquiry

hello,

a lot depends on service rules.

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

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

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.

hello,

it also depends on the gravity of the criminal offence.

 

 

regards-

rahul.gogreen@gmail.com

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. 

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.

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.

hello,

@Sudhir  Sir.

gravity of offence also matters.

both departmental enquiry and criminal proceeding can go simultaneously.

 

 

regards-

rahul.gogreen@gmail.com

I am sorry to disasgree with some views.

The gravity of misconduct doe snot at all matter partiocularly when (as per queriest) the deptt has even not found matter fit enough for the emplopyee to be kept under suspension.  Immediate suspension can be there without inquiry but not dismissal.  Dismissal without inquiry is possible only in cases mentioned in Rule 19 of CCS(CC&A) Rules read with Article 311.

Unless the person is convicted no penalty can be imposed wiothout inquiry.

 

I also disagree with view of Mr Avani that matter is sub-judice.  Sub-judice is the crimjinal misconduct and not the departmental matter.  There is no stay either on operation of CCS(TS) Rules or CCS(CC&A) Rules (as apparent from given facts).

 

Further the querist is not coming with the facts clearly :-

 

(I) whether this termination is due to non-com,pletion of probation on account of being involved in criminal case or just as a short cut of Disciplinary proceedings between the period of probation?

 

(II) Whether this termination is from service tiself or just a revertion to lien post which he held prior to joining present deptt?

 

(III) Has the termiantion been done by the appointing authority?

 

These questions can be answered only on perusal of the papers (bhy person well versed in service matters) leading to what you call termination.

In case Mr avani being lawyer feels not well versed in sericve matters then he should not hesistate to refer his friend to appropriate person..

departmental and criminal proceedings can be simultaneous but in this case (as the given facts state) ther eis no deptt inquiry.  registeration of criminal cae can be hurdle in completion of probation but not a ground for immediate termination.

 

Let the querist come with full facts.

I am not sure but  whether there is any clause in service condition that if the employee is in jail or police custody for more than 48 hours then he can be dismissed.

No employee cannot be dimissed for being custody beyond 48 hours.

 

But he is under deemed suspension.

 

Suspension can take place even if the custody was less than 48 hours.

 

Such criminal case and suspension is hurdle in clearing probation and termi8nation (no dismissal took place in this case)  is jursitifed.