Termination of probationer
manish444in
(Querist) 05 February 2012
This query is : Resolved
hello experts!
I am govt servent in officer post.
i am on probation of 2 year.
I have heard that my department is going to finish my service due to a court case has been filed against me.
can i get a stay order from high court which can pass a interim order that dept can't remove me from service until any judgment came from local court pls advise.
V R SHROFF
(Expert) 06 February 2012
It depends on case.
If a criminal case, of cognizable offence,
the govt will act as per their policy, and HC may or may not interfere.
somebody must have tried earlier , so search citation, then move hc for appeal
Kirti Kar Tripathi
(Expert) 06 February 2012
what are charges ?. During the probation period, in case, any punishment is imposed on misconduct, the delinquent employee must be given an opportunity to have his say but if the service are termination after completion of probation period on account of unsatisfactory work, the employer is well within its right to do so.
Raj Kumar Makkad
(Expert) 06 February 2012
You shall be provided with a show cause notice, reply it and if you smell any foul game only then seek stay order.
Deepak Nair
(Expert) 06 February 2012
I will go with the view of Mr.Rajkumar Makkad.
Sudhir Kumar, Advocate
(Expert) 06 February 2012
I apologise for partially disagreement will all the above replies.
Your query is vague. You have not spelt out :-
(i) Whether you are central of state Gov employee
(ii) Whether case filed against you is criminal.
From your wording it appears it is a criminal case in that case please note the following :-
(I) You cannot clear probation as long as criminal case is pending against you whether connected with duty or not.
(II) There is no need to give any opportunity (No Show Cause Notice) to you if your case does not have vigilance clearance (which is withheld in case of pending criminal case)
(III) Such terminal is not punitive.
(IV) Govt is not bound to (rather not expected to) keep you in service indefinitely till the trail of the case is completed.
However, as pointed out by Mr Kar if the department decided to go for termination as a shortcut of disciplinary proceedings then the termination will not be sustainable. The facts given by you do not indicate such position.
As indicated by Mr Shroff, you are not much likely to get any support from High Court. However I will add to his suggestion that you kindly meet a service lawyer near your place.
In case you are Central Govt employee the appropriate forum is Forum is CAT and in case state Govt then either there may be SAT and if no SAT the to High Court.
malipeddi jaggarao
(Expert) 09 February 2012
Experts Mr.RK Makkad and Mr.Sudhirkumar well advised the query. But do not be complaisant.Act timely.
Kirti Kar Tripathi
(Expert) 21 February 2012
A probationer is one, who is appointed against a permanent post to watch his performance for a specific period. Thus he has lien on the post until his probation period is expired. Thus if his services are terminated during the period of probation on account of any charges, certainly he is entitled for an opportunity to have his say but if his probation period is expired and his services are not found satisfactory by the employer. The employer is well within his right to discontinue his employment or extend the same for further specific period. The employee can not challenge the action of employer.If he successfully completed his probation period, he is entitled to permanent on the post.
manish444in
(Querist) 21 February 2012
Thank you all for guidance u all have realy helped me out.Thank you vry much all
