Termination of service
MG N RAO
(Querist) 02 November 2011
This query is : Resolved
can a permanent appointment of a employee on probation be terminated without an opportunity being given based on the clause in the offer of appointment that an employee can be terminated without assigning any reason at anytime without giving notice.
is it fair if so what will happen to such an employee who has resigned his previous employment what will happen to his past serivices of 12 yrs based on which the present selection is made
Sankaranarayanan
(Expert) 02 November 2011
Without notice no employee will terminated but subject the genuine reason. if any malpractice then they can send them.
without proper reason if the establishment send him by termination, then he can seek the help of labour office help . He has to prove all records based on that the labour commissioner can help him
Guest
(Expert) 02 November 2011
The service, resignation, termination, etc. in the new organisation will have to be regulated in accordance with the offer letter cum appointment letter only.
Any past service has no bearing for service in future in the present organisation, once the employeee has been selected by taking benefit of his past experience.
Shonee Kapoor
(Expert) 02 November 2011
Agreed with the experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 02 November 2011
agree with sankar . although under appointment letter it is mentioned that services can be terminated without any reasons yet employer cannot arbitrarily terminate services of an employee .
reasons must be given for termination .
as far as new employment is concerned i agree with dhingraji
MG N RAO
(Querist) 03 November 2011
sorry i failed to mention that it is a govt employment under CCS rules of 1965 and my previous employment is also govt i.e.12.5 yrs can anyone of the above experts update their views now
Guest
(Expert) 03 November 2011
Dear Mr. Rao,
You have still not mentioned the full facts about your appointment and termination. CCS (CCA) Rules, 1965, are meant only for inquiries and disciplinary action on misconduct of an employee. If your services have been terminated under CCS (CCA) Rules, 1965, there must be some misconduct or criminal offence on your part for such termination.
So, if you desire proper guidance/remedy to your problem you may please clarify the following points:
1) Whether the present organisation of your employment was a Government department or a Public Sector Undertaking of Government of India?
2)Whether you were on deputation basis or was appointed directly to the new post on regular basis on application through proper channels of your previous organisation?
3) Whether termination was on account of non-satisfactory completion of probation period or on account of some misconduct or police case?
4) What type of misconduct or offence you committed on account of which you were terminated?
If you have some reservation about revealing certain facts in public, you can intimate through email also.
PS Dhingra
dcgroup1962@gmail.com
prabhakar singh
(Expert) 03 November 2011
yes!unless you provide facts how can one give you answer?
MG N RAO
(Querist) 04 November 2011
shri dhingraji i have given mail in complete to you about my problem and there is no response tillnow can i atleast know that u have received and would need sometime or whatever is reply you may inform me as it is very urgent please also share this with prabhakar singh ji and others as well if you can and help me
Guest
(Expert) 04 November 2011
Dear Mr. Rao,
No doubt, I received your mail, but the font for the message used by you was small for me to read due to No. of my specs. Can you please resend me your mails with minimum of 12 point font or more. I shall try to reply your mail within 2-3 days of receipt please.
You may also, if liked can make cc of your mail to Shri Prabhakar Singh ji and others on this page, so that collective wisdom of experts may help you to sort out your problem.
