Dismissal of govt. servant on probation cont...
Tashi Norbu Basi
(Querist) 20 June 2013
This query is : Resolved
Dear experts,
In my previous query, expert Shri Dhingra had asked for the contents of my termination order. Please find below,the said contents.
But first brief facts of my previous query:-
1. I was a govt. servant on probation
2. I was accused of murdering my wife and was arrested.
3. A few days after arrested, I received my suspension order.
4. While I was in judicial custody, I received show cause notice and sent a reply to the same.
5. The case against me was dismissed by the Court on technical grounds.
6. I tried to rejoin work and was then told that my service had been terminated.
I wish to challenge the order.
The termination order in brief reads:-
1. Whereas Shri Megh, Accounts Clerk of XYZ Department (who was on probation) is involved in ABC PS Criminal Case No.... dated ... u/s 302 IPC and is presently under judicial custody.
2. And whereas the Disciplinary Authority taking notice of the facts and circumstances of the above cited case served a show cause notice vide No.... dated .... asking him to show cause as to why he should not be summarily discharged from service in terms of Rule ... of the State Government Establishment Rules.
3. And whereas Shri Megh submitted his reply dated....
4. And whereas the statement submitted by Shri Megh in his cause are found incorrect by the competent authority.
5. And whereas after examination of all relevant material and the statement of Shri Megh the competent authority considers that the conduct of Shri Megh during his period of probation is such as to render him unsatisfactory for continuation in Government service.
6. Now, therefore, in exercise of the powers conferred by Rule ... of the State Government Establishment Rules, the competent authority hereby discharges the said Megh, Accounts Clerk under probation from service with immediate effect.
Thank you.
Yours sincerely, Megh
Sudhir Kumar, Advocate
(Expert) 21 June 2013
First of all this is not a speaking order as it neither discusses the point raised by you nor does it discuss on what basis your contentions are found to be incorrect.
Further this type of SCN is issued to a convict. In your case you were only accused and the deptt could have issued a formal chargesheet, held inquiry and then if charges were proved you could be even dismissed.
In this case termination is stigmatic so it is punitive procedure. Therefore it is illegal.
in case the termination was to be resorted to due to non-clearance of probation then no SCN was needed.
Further you did not specify who signed SCN and termination order and who is appointing authority.
Anyway you have a good case to move to SAT/High Court.
Sudhir Kumar, Advocate
(Expert) 21 June 2013
continued form http://www.lawyersclubindia.com/experts/Dismissal-of-Govt-Servant-on-Probation-400686.asp
Raj Kumar Makkad
(Expert) 23 June 2013
As you were on probation and the crime in which you were involved do come within the ambit of moral turpitude so the employer was not within the legal compulsion to have a formal enquiry in the charges and further disciplinary action.
The criteria and measurement in the criminal case and the departmental enquiry are entirely different and the court order is not binding upon the management qua the discharge from the court.
