Reinstatement in services on quashing of fir

This query is : Resolved 
 


Querist : Anonymous (Querist)
08 May 2021

Dear sir a false FIR WAS REGISTERED against me and due to this my services during probation were terminated. The link of that query is as under
https://www.lawyersclubindia.com/experts/order-of-termination-during-probation-period-is-stigmatic--672281.asp
Now FIR is quashed and I have been overage . Kindly tel me whether I can get my job back. Please suggest me way to get job back with consequential benefit. Regards Bhagwan Dass contact (Seven 9860 FIVE 6102)


kavksatyanarayanaOnline (Expert)
08 May 2021

to me, it is not possible as you were already terminated about 3 years back. But not suspended. And the FIR squashed you may apply for any job as a fresh.

Dr J C VashistaOnline (Expert)
09 May 2021

The chapter of previous job was closed when your service was terminated and you did not challenge termination order.

ashok kumar singhOnline (Expert)
09 May 2021

Lodge your issues before the Labour Commissioner under your jurisdiction, you will get all such benefit.
thanks


Querist : Anonymous (Querist)
09 May 2021

Dear sir I had challenged that termination order but same was dismissed by high court in limine by stating the termination is justified on account of FIR

T. Kalaiselvan, Advocate Online (Expert)
10 May 2021

If the termination order was upheld by the high court there is no reason for you to take up the case once again.
No application or petition would be entertained by the high court once again even if you state that the FIR has been quashed.
You have exhausted all the remedies available in this regard, hence you may have to look for another job only.
Legally you are helpless in this regard.


Querist : Anonymous (Querist)
10 May 2021

I heard that change in circumstances does not attract res -judicata. Where circumstances have been changed a person can file against same issue on changed circumstances and same shall not barred by policy of Res-judicata.Since my petition was dismissed on account of FIR and in LPA was dismissed as withdrawn. it was ordered that the observations made by single judge may not influence the investigation or subsequent proceedings. Kindly guide me whether change in circumstances are not ground to get job back as the termination was bases on FIR which is already quashed on merits.

Sudhir KumarOnline (Expert)
17 May 2021

No harm in trying as circumstances have changed. Please also refer to views of experts other queries you raised.

T. Kalaiselvan, Advocate Online (Expert)
21 May 2021

As suggested by experts, you can file a petition once again on the basis of change in the circumstances.
You can convince the court about your plight and hasty decision taken by your employer to terminate your services in the pleadings.



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now











×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Muslim Personal Law     |    x