Private job description in railway attestation form

Querist : Anonymous (Querist) 03 March 2020 This query is : Resolved
I joined a private firm in April 2017. 3 year bond. Left it in March 2018 without any information. They only send a message that if you do not contact for next 7 days we will hire new person. That's it. No legal notice was sent after that and now I am selected in Railways and in attestation form I have to fill previous employment details. So what affect it will have on my job and Railway official contact previous employment private firms or not. I expect clear answer not like they can contact if they want. Please reply

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If you've left a private job without notice and are now applying for a railway position, you're concerned about how this will appear on your attestation form. While employers generally have the right to verify past employment, government departments like the railways typically focus on criminal records and essential qualifications rather than private sector work history. It's advisable to disclose your previous employment truthfully if asked, but it's unlikely to negatively impact your railway job unless there are specific concerns about your conduct.

Raj Kumar Makkad (Expert) 03 March 2020
Present employer Indian Railways has every right to get verified the antecedents of you wile serving with the previous employer. You can mention at later stage, the valid or compelling reasons which led you to leave that job, in case any situation arises.

P. Venu (Expert) 04 March 2020
To my knowledge, no Government Institution or Department, Railways included, never seeks any antecedents from the previous employer.

Raj Kumar Makkad (Expert) 04 March 2020
Employer has every right to know the previous history of his employee may it be Government or private sector..

P. Venu (Expert) 05 March 2020
With due respect to learned expert Mr. Raj Kumar Makkad, it is my humble request that posting in this august Forum need provide solace and assurance to queriests based on our knowledge and experience.

It is never the case that Union of India, ever, attempts to have background verification of the appointees through feedback from ex-private employers. The settled norm is for verification through Police Agencies and this verification is restricted to personal antecedents, not professional.

KISHAN DUTT KALASKAR (Expert) 05 March 2020
Dear Sir,
Normally the Railway people being a Central Government Authority never contact with your private employer to get feedbacks unless somebody approach your employer that is railways about your antecedents.

Raj Kumar Makkad (Expert) 05 March 2020
With due respect with expert P. Venu Sir, it is humbly to submit that kindly re-read my comments. I have just told that employer has every right to go through the past history of his employee. it is no where the discussion whether the railway department do it or not but it is the right still vested in it to have antecedents if it arises. It should not be taken as a matter of Rule that Railway being Government Organization has no right to have antecedents of the employee. There are hundreds of the cases wherein Government employees had to suffer wrath of their antecedents of private sector.

Raj Kumar Makkad (Expert) 05 March 2020
It cannot be disputed that the whole idea of verification of character and antecedents is that the person suitable for the post in question is appointed. It is one of the important criteria which is necessary to be fulfilled before appointment is made. An incumbent should not have antecedents of such a nature which may adjudge him unsuitable for the post. Mere involvement in some petty kind of case would not render a person unsuitable for the job. Way back in the year 1983, in State of Madhya Pradesh v. Ramashanker Raghuvanshi & Anr. (1983) 2 SCC 145, where a teacher was employed in a municipal school which was taken over by the Government and who was absorbed in Government service in 1972 subject to verification of antecedents and medical fitness. The termination order was passed on the basis of a report made by the Superintendent of Police to the effect that the respondent was not a fit person to be entertained in Government service, as he had taken part in ‘RSS and Jan Sangh activities’. There was no allegation of involvement in subversive activities. It was held that such activities were not likely to affect the integrity of individual’s service. To hold otherwise would be to introduce ‘McCarthyism’ into India which is not healthy to the philosophy of our Constitution. It was observed by this Court that most students and most youngmen who take part in political activities and if they do get involved in some form of agitation or the other, is it to be to their ever lasting discredit ? Sometimes they feel strongly on injustice and resist. They are sometimes pushed into the forefront by elderly persons who lead and mislead them. Should all these young men be debarred from public employment ? Is Government service such a heaven that only angels should seek entry into it ? This Court has laid down that the whole business of seeking Police report about the political belief and association of the past political activities of a candidate for public employment is repugnant to the basic rights guaranteed by the Constitution.

Sudhir Kumar, Advocate (Expert) 10 March 2020
govt deptts while appointing a person do not at all care about the background in the private sector. They are only concerned :-

(i) persons has requisite qualification and experience as per advertisement leading to his selection.
(ii) no criminal case is pending
(ii) he/ she and spouse is Indian national
(iii) is medically fit to the selected post.
(iv) her /she as well as his/her spouse doe snot have more than one living spouse.
(v) is not already holding another govt /semi-govt post from which resignation is not accepted.
(vi) not a member of banned organisation.
(v) not member of any political party.

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Sudhir Kumar, Advocate (Expert) 10 March 2020
In this case my humble view is that if any authority of railways writes to the so called private employer then he is putting his own job at peril.

Dr J C Vashista (Expert) 11 March 2020
Do you have any "other" cognizable case decided against you or pending before Court or police ?
If so, disclose it, which shall have bearing on your appointment with Railway,.
If no case is pending/ decided and job with your private employer is the only issue, it will not affect your appointment but you should disclose it.

Rajendra K Goyal (Expert) 16 March 2020
You should not hide the fact of your previous employment if required to disclose.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
The government employment by a open and public competition never depend on the experience of the candidates with a private sector.
No doubt the employer will verify the character and antecedents of the employee now recruited to know about their background details including the criminal background etc., but the employer will hardly be interested on the employee's private employment or the reasons for his discontinuance because it is not a criteria for his appointment to this government employment.

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