protection of art. 311(2) of indian constitution
dhiraj choudhary
(Querist) 20 November 2009
This query is : Resolved
i hav 2 file a petition before c.a.t. against d order of termination of my client as 'mazdoor" from m.e.s.,who was on probation upto aug 2006 but thereafter no formal order of extension of his probation period was passed by d authorities.the services of my client was terminated on d ground that he has obtained a false character certificate from police regarding his conduct coz. a criminal case was pending against him at that n he didnt mention it n was terminated with out issuance of showcause notice or charge sheet n no regular inquiry was conducted n in d name of inquiry statement of my client was recoreded.now d question is that wheteher my is entitled 2 the protection of art.311(2) i.e opporunity of being heard coz my client was on probation n no formal order of his confirmation was issued n can d so called aforementioned inquiry tak d place of regular inquiry if not then suggestions alongwith latest case law if any.with thanks in advance
dhiraj choudahry
adv.
Raj Kumar Makkad
(Expert) 20 November 2009
Before touching to your quarry I want to suggest you not to use English like America in this forum and use full words rather half as used by you and after all we all are advocates and we are expected to provide facilitation to all experts understand what you want to say.
Now I come to your quarry. Your client was still on probation and management to pass a formal order for his regularisation subject to his satisfactory act and conduct during his probation period and on enquiry, it was found that your client has submitted a bogus/false certificate and suppressed the material information at the time of applying for the post. Definitely this is a serious offence and you have been given show cause notice and after considering your reply yo have rightly been terminated and no protection under Art. 311 (2) of the constitution is available to you because you are not a regular employee and are on probation.
2008 (4) E.A.J. 554 (SC).
Raj Kumar Makkad
(Expert) 20 November 2009
sry the citation has been typed wrongly
Please read it as
2008 (4) R.A.J. 554 (SC).
2008 (3) RCR (Civil) 856
dhiraj choudhary
(Querist) 21 November 2009
ok raj sir in future i'll try to use hinglish as is used in india. but sir in my case no show cause notice/charge sheet has ever been served upon me forgot about my reply.now come to character certificate, it was issued by the sub divisional police officer and it was mentioned in the certificate that this certificate this certificate is subject to confirmation by c.i.d after the appointment of individual by the concerned authority. but deptt.miserably failed to inquire about my client from cid.my client was falsely implicated by some one inorder to counter the fir registered against him by my client's sister. my client was later on honorably acquitted by the court.and so for as case law cited by you is of no benefit to me because in j and k we have only scc, air, supreme today,
