Termination of service during probation period

Querist : Anonymous (Querist) 29 October 2022 This query is : Resolved
Please provide the answer of following questions::

1. Can appointing authority terminate the service of gov employee who is in probation period but having Lien facility of 2 years from parent department. Gov join new department after giving technical resignation in parent department.
He was terminated just before 10 days of completion of probation period, without any reason.

2. Employee is filing appeal against termination and till the disposal of appeal the lien would be maintained in the parent department.

3. Employee has to submit request by mentioning the termination order and filing appeal in this matter to the parent department to increase the lien period.

4. Or employee can go back to parent department after termination of service before the date of lien period completion.

5. Does the current department will process the repatriation application of the terminated employee.

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Quick Summary

This discussion clarifies the termination of a government employee during their probation period, even when they have a lien facility with their parent department. It confirms that appointing authorities can terminate services during probation without reason, as per appointment terms. If an appeal is filed, the lien is maintained, but the parent department has no role in the appeal process. The employee must rejoin their parent department before the lien expires, and the borrowing department is obliged to facilitate repatriation.

kavksatyanarayana (Expert) 29 October 2022
An employee after giving a resignation in a department and joining another department will lose his lien in the department where he resigned.

Dr J C Vashista (Expert) 30 October 2022
1. Can appointing authority terminate the service of gov employee who is in probation period but having Lien facility of 2 years from parent department. Gov join new department after giving technical resignation in parent department. He was terminated just before 10 days of completion of probation period, without any reason.
Ans: Yes, the appointing authority may terminate services of an employee (without notice) during probation period, which is specified in appointment letter itself, please go through terms and conditions of appointment.

2. Employee is filing appeal against termination and till the disposal of appeal the lien would be maintained in the parent department.
Ans: Appeal is a statutory right of aggrieved person.
Lien marked on the service of an employee during deputation has no adverse affect and shall be maintained by parent department.

3. Employee has to submit request by mentioning the termination order and filing appeal in this matter to the parent department to increase the lien period.
Ans: Parent department has no role in the appeal filed against termination during probation.

4. Or employee can go back to parent department after termination of service before the date of lien period completion.
Ans: Yes, employee has to join parent department during lien period, when his/her service has been terminated by borrowing department.

5. Does the current department will process the repatriation application of the terminated employee.
Ans: Of course borrowing department shall repatriate the employee.

However, please go through the rules on deputation and lien as applicable in your case from the following:
Deputation and Lien
S.no. Title Details
1 Policy For Retention Of Lien On Appointments Below The Board Level In The Case Of Individuals Selected And Appointed To Board Level Positions In The Public Sector. (DPE OM No.23(9)/93-GM Dated 31st January, 1994)
Download (79.52 KB) pdf
2 Deputation Abroad Of Officials Of The Public Sector Undertakings (PSUs)-Instructions Regarding. (OM No. 2(41)/93-DPE (WC) Dated 20th September, 1995)
Download (70.15 KB) pdf
3 Deputation Of Government Officers To Central Public Enterprises-Review Of Policy. (DPE OM No. 18(4)/98-GM-GL-006 Dated 19th June, 1998) Download (64.66 KB) pdf
4 Policy For Retention Of Lien On Appointments Below The Board Level In The Case Of Individuals Selected And Appointed To Board Level Positions In The Public Sector. (DPE OM No. 23/19/98/GL-014/DPE (GM) Dated 13th January, 1999)
Download (61.73 KB) pdf
5 Deputation Of Government Officers To Posts In Public Sector Undertakings – Review Of Policy.(No. 18(6)/2001-GM-GL-77 Dated The 28th December, 2005)
Download (76.71 KB) pdf

P. Venu (Expert) 01 November 2022
What are the facts? It is seldom that, in public service, that an employee is terminated during probation.

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