LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Order of termination during probation period is stigmatic

(Querist) 13 February 2018 This query is : Open 
Sir i was working as clerk since 20.07.2015. a false FIR u/s 419 is registered against me by my department. my ACR reports written 4 in number for the period of 2 years are good and very good. my probation was to be completed on 19.07.2017 but on 17.07.2017 on the basis of FIR my probation period was extended further one year upto 19.07.2018. the probation period extention order is as under,"Sh _______-was appointed as clerk in this forum vide appointment letter no. D/523 dated 23/06/2015. He joined his duty as clerk on 20.07.2015. As per clause No. 5 of the appointment letter probation period was two years which can be extended up to three years. Vide letter No. 10719 dated 30.12.2016 of the Hon’ble State Commission forward a copy of FIR No. 0289 dated 30.12.2016 under section 419 IPC registered against Sh___--------- Fir has been got registered by District Consumer Forum, Bathinda. Since FIR has been registered against _____is pending, as such his probation period is extended for further one year i.e. upto 19.07.2018. Necessary entry be made in his service book.
after this on 07.08.2017 my services has been terminated. the termination order is as under,was appointed as clerk in this forum vide appointment letter dated 23/06/2015. As per condition No. 5 of the appointment letter probation period was two years which was extendable upto three years. He joined his duty as clerk on 20.07.2015. His probation period of two years was to complete on 19.07.2017, and vide order dated 17.07.2017, probation period was extended for further one year. As per clause No. 2 of the appointment letter, the appointment is against temporary post and his services are liable to be terminated at any time without assigning any reason and without any prior notice.
Whereas during the probation period, he has failed to discharge the duties satisfactorily and his attitude displayed during the probationary period is unsuitable for the post of Clerk. Moreover, FIR under section 419 IPC registered against him at Police Station Kotwali, Bathinda on the facts that one post of Clerk was to be filled, for which on 24.12.2016 written test was conducted at SSD Boys Senior Secondary School, Opposite Gol Diggi, Mall Road, Bathinda where he appeared in the written test at Roll No. 1026 but typed and saved the test in the name of____-- Roll no. 1025. While applying for the post of Clerk, he had not disclosed his employment in ______and neither submitted his application through proper channel nor disclosed his experience. He committed impersonation cheating and forgery with the motive to help Kanwaljit Kaur having address_______ Fir has been registered as per directions of The Hon’ble State Commission and intimation has been received in this Forum, Hence on the basis of the attitude and tendency displayed by his during the probationary period, he is hold unsuitable for the post of clerk and in view of clause No. 2 of appointment letter dated 23.06.2015 issued by this Forum, his services are terminated during the probationary period with immediate effect.
kindly tel me weather probation period can be extend on the basis of FIR and service can be terminate on the basis of FIR. Kindly tel me this termination order is stigmatic or non stigmatic. no inquiry is made in this regard till termination. can i get my job back or not please
Kumar Doab (Expert) 13 February 2018
You have posted that FIR is false.
Are you acquitted of the charges?

Bhagwan dass (Querist) 13 February 2018
we have filed quashing of the same and reply is yet to be filed. I had also filed an RTI for seeking the record of test but the complainant replied that no such record is available as the recruitment was cancelled
Bhagwan dass (Querist) 13 February 2018
the FIR is registered against me with malafide intention as I exposed the recruitment scam made by department officers because they appointed their own choice persons without advertising the posts
Sudhir Kumar, Advocate (Expert) 14 February 2018
Since FIR is there prima-facie action of deptt is not at all illegal.
Sudhir Kumar, Advocate (Expert) 14 February 2018
does this have any connection with earlier threads

http://www.lawyersclubindia.com/experts/after-got-first-in-exam-i-have-not-appointed-598011.asp
http://www.lawyersclubindia.com/experts/salary-during-maternity-period-597736.asp
http://www.lawyersclubindia.com/experts/Transfer-598366.asp
Bhagwan dass (Querist) 14 February 2018
Yes sir it's connected with same
Bhagwan dass (Querist) 14 February 2018
Kindly guide me
Kumar Doab (Expert) 14 February 2018
You have received responses in all threads.
Sum up and discuss with a very able senior counsel of unshakable repute and integrity specializing in Labor/service matters, criminal matters and having successful track record….

Bhagwan dass (Querist) 14 February 2018
Sir I have send your good self my all case details in personal message. I have hired Mr. Abhinav Gupta advocate for FIR Quashing and same is fixed for 6 may abhinav is son of Mr. Justice Raman Gupta punjab and haryana high court. Sir I have quashing petition which I can send you
Bhagwan dass (Querist) 14 February 2018
Sir can probation period extend on the basis of FIR and kindly tel me my termination order is stigmatic or non stigmatic please
Sudhir Kumar, Advocate (Expert) 15 February 2018
as far as quash of criminal petition is concerned you should proceed further

As far as challenge of termination is conceded you should forget about the same before quash of FIR and need not waste time and money to run behind any lawyer whether of shakabale or unshakable repute.
Bhagwan dass (Querist) 15 February 2018
That's mean I can not get job back. In how much time after termination I can file writ petition
Sudhir Kumar, Advocate (Expert) 24 February 2018
first get FIR quashed or get acquitted honourably (not benefit of doubt or procedural ground) and then think of challenging the termination.

without this do not waste time and money on challenging termination.
Ms.Usha Kapoor (Expert) 17 June 2018
I Agree with experts.
Guest (Expert) 17 June 2018
What is the present status of your case for quash of FIR, which was due to be heard on 6 May, 2018?
Guest (Expert) 17 June 2018
What is the present status of your case for quash of FIR, which was due to be heard on 6 May, 2018?
Guest (Expert) 17 June 2018
What is the present status of your case for quash of FIR, which was due to be heard on 6 May, 2018?
Guest (Expert) 17 June 2018
Even otherwise, termination notice can be held invalid, due to mix up of several things. The same could either be due to the FIR or with respect to the unsatisfactory performance as per conditions of probation.
Guest (Expert) 17 June 2018
Sorry, repetition due to Software error 'ASP 500 error' of the page
Bhagwan dass (Querist) 13 October 2018
Sir no challan is presented so far and the recruitment scandal as I alleged has been exposed
Bhagwan dass (Querist) 15 June 2019
Sir all the recruitments made in this department had been held illegal
Bhagwan dass (Querist) 15 June 2019
Sir in present case challan is presented on 03.01.19 but the trial court have not framed charge so far. The quashing petition is pending for 20.02.2020,. Police has not seized computer as well as typing test as alleged. No seizure memo have been prepared. Future the recruitment process has been held illegal being there was no such public advertisement was issued. The complainant who is public information officer also admitted that there is no such information regarding my typing test is available since the recruitment was cancelled. Kindly guide me some points please
Bhagwan dass (Querist) 25 June 2019
Reply now ease
Bhagwan dass (Querist) 06 March 2021
My FIR in questions is quashed by Punjab and Haryana high court vide order dated 27.02.2020 in which court held that allegations are hypothetical. Now whether I can file suit for damages against culprits and state of Punjab ? Kindly reply
Bhagwan dass (Querist) 08 May 2021
Dear sir my FIR IS quashed now what should I do whether I can claim my post and want reinstated BHAGWAN DASS contact (seven9860F6102) NAWANSHAHR PUNJAB
T. Kalaiselvan, Advocate (Expert) 10 May 2021
The FIR was registered by police and not by your organization.
Therefore the termination of your employment as per the company rules cannot be withdrawn by the company just because the FIR ws quashed.
In my opinion the high court may not entertain your petition once again for reinstatement of your employment since the matter was already disposed by the same high court.
Bhagwan dass (Querist) 10 May 2021
Sir the FIR was registered by my department with malafide intention to harm me. Now FIR is quashed by commenting that the allegations are Hypothical.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :





Post a Suggestion for LCI Team
Post a Legal Query