about termination

neeraj (Querist) 23 October 2015 This query is : Resolved
I am a probationer and suspended from job and a dept enquiry is against me. I want to know that can dept terminate me before the dept enquiry concluded. They alleged me for economic offence and also lodge fir against me. Pls suggest me is there any chance of termination before D.E. concluded.

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P. Venu (Expert) 24 October 2015
Once an imputation of misconduct is there and an inquiry is in progress, your services cannot be terminated through an order simpliciter.

Kumar Doab (Expert) 24 October 2015
Once inquiry is initiated the Dept should refrain from issuing termination order or it can suffer being termed bad.

The order may also be stigmatic.

K.S.Srinivas (Expert) 24 October 2015
If the charges are proved in the findings of the departmental enquiry report, then there is a possibility of issuing a show cause notice for termination/dismissal from service/removal from service. Till such time it is not permissible for issue of termination orders.

Rajendra K Goyal (Expert) 28 October 2015
The department may terminate after conclusion of the departmental inquiry.

Vijyant Nigam (09807349001) (Expert) 30 October 2015
Termination and Dismissal from service are two different things from each other...

So, are you terminated or dismissed???

If there are charges of economic offence or misappropriation then the department can terminate u and dept enquiry will go on... its an interim measure to safeguard the department from such employees who may involved in...

Dismissal is a major punishment which can only be given after the charges have been proved and the enquiry will conclud

T. Kalaiselvan, Advocate (Expert) 30 October 2015
Agreed with the experts views more so of expert Mr. Vijyant Nigam.

Guest (Expert) 30 October 2015
Mr. Neeraj,

If convicted by the competent court, irrespective of onduct or no conduct of departmental inquiry, dismissal is certain.

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