central govt. probation and confirmation rules


Respectfully,

I am posting my question for all experts, seeking a genuine and timely advice.

I was appointed as Senior Systems Analyst in Pay band 3 (Rs. 15600-39100 with GP of Rs. 6600/- . I joined the service on 9.9.2010 on a probation for a period of one year. i.e. upto 8.9.2011.

Three years earlier, a FIR U/S 406, 498A IPC was registered against me and that was quashed by Honorable Punjab and Haryana High Court in July, 2007.

Therefore while filling up the Special Security Questionnaire, Where information regarding any pending case was asked, i didn't mentioned anything regarding the said case.

My local police verification report stating the above facts that a case was registered and quashed by High Court was sent to my office on 04-03-2011.

Knowing all these facts my office neither issue any notice for further clarification nor issued any letter of probation confirmation or extension till 9.9.2013.

Suddenly after more than three years of my service, Office issued me a letter of probation extension stating the reason that i have violated the rules by concealing the information and  my work, conduct and performance was not up to the mark. So my probation is being extended up to 30.06.2014.

Kindly suggest me if i can move to court against this extension of probation period.

Thanks in Advance for your precious suggestions......

 
Reply   
 
Dy Director

the said attestation form also contains details of pst criminal record.  you had hidden the same.

 
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Respected Sudhir Kumar ji,

It was asked for any pending case and at the time of joining the service and no case was pending. Kindly suggest , what are my rights in this case.

 
Reply   
 
Dy Director

Please see the form again.

 

This is expected to be four paged form wherein last page there is a questionaire where one of the question refer to past criminal record.

 

extention of probation on this ground is not a valid decision.  On the contrary disciplinary action would have been more appropriate decision.  But in that case also your probation would have got affected.

 
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Respected Sudhir ji, Kindly suggest as the facts of my case: 1. An FIR was lodged u/s 498A/406 IPC in 2006. 2. I was granted interim Anticipatory bail and made absolute after i joined investigation and the FIR was quashed based on compromise before any challan/chargesheet in trial court in 2007. 3. I joined central govt job in 2010 where it was asked in attestation form that if was ever arrested, procecuted, detained. I replied NA and mentioned NIL before all subsections. 4. I replied so as i was of the opinion that i was never in police/judicial custody. 5. Now my services have been discharged on concealment of facts. Please guide me if there is any saviour for me.
 
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Dy Director

  1. whether you had joined?
  2. whether started drawing salary?
  3. how deptt came to know that you are giving wrong information?
  4. what procedure has been followed for your discharge?
 
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Dy Director

whether any chargesheet show casue notice served to you before discharge?

 
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Respected Sudhir ji

I m sorry if the facts of my case are confusing, let me place the events in order as under.

Distt of Permanent Residence: M

Distt of Registration of FIR: B

S.No

EVENT

DATE

1.

Registration of FIR :  u/s 406, 498A IPC

22-09-2006

2.

Interim Anticipatory Bail

09-11-2006

3.

As per instructions of High Court, Joined Investigation and handed over the draft to complainant.(No Bond or sureity was instructed by court )

15-11-2006

4.

Interim Order passed made absolute on

1-5-2007

5.

After Compromise between parties, FIR quashed by High Court on

24-07-2007

6.

Joined Service in Centre Govt (ON 1 YR PROBATION UPTO 08-09-11) and filled Attestation Form

09-09-2010

 

Attestation Form Questions:

ANSWER

7.

Q15. Give Details if you have ever been

a) arrested

b) prosecuted

c) Kept under detention

d) Charged before a court with an offence for which you were convicted, conditionally discharged, placed on probation or bound ever or acquitted.

e) Debarred or disqualified by any Public Service Commission for any of its examinations/selections

f) debarred from taking any examination or rusticated by any university

g) Whether discharged/expelled/withdrawn from any training institution under the Government or otherwise:

NA (Not Applicable)

8.

Q16: Is any case or enquiry pending against you in any court of law (including civil litigation) or any other authority, e.g departmental proceedings etc.?

NA (Not Applicable)

9.

SSP Distt M reported the intimation of the said FIR and its quashing.

04-03-2011

10.

Intial period of probation completed and no order of extension/confirmation/termination was received by me and continued in service with full wages since 09-09-2010 

(Date of Joining)

08-09-2011

11.

SSP Distt B reported the intimation of the said FIR but not its quashing rather present under Investigation.

20-11-2012

12.

Show Cause Notice (terminating services) to be replied upto 08-09-2013 on Report by SSP Distt B

04-11-2013

 

My reply to said Show Cause Notice enclosed the copy FIR quashing order

08-11-2013

 

Extention of Probation for Six months upto 30-06-2014 alleging furnishing of incomplete/misleading information regarding FIR and unsatisfactory performance

17-12-2013

 

Request to Review the probation Extension in the light of DOPT OM No. 18011/1/2010-Estt(C) dated Sep 8, 2011 and as no warning/advice was issued to me to improve performance

31-12-2013

 

Request refused stating confirmation of probation is not automatic but has to be followed by formal orders and that Police Verification Report Still pending

09-01-2014

 

Transfer Order to Another Centre in Rajasthan

10-01-2014

 

Charge handed over by me to department

20-01-2014

 

No Dues issued

27-01-2014

 

Relieved from duties

29-01-2014

 

Suddenly Relieving kept in abeyance in evening

29-01-2014

 

Discharged from Service based on the report dated 14-01-2014 by SSP Distt B that intimated that
 i was arrested and the cancellation report is pending till date in JMIC court

27-02-2014

 

Respected Sudhir ji

Please advice any legal grounds if in my favour for remedy.

 

 
Reply   
 
Dy Director

So you did not intimate that one FIR was registered and quashed?

 
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Respected Sir,

There was no such direct question about the registration of FIR. If there were a question Like:

Q: Is there any FIR ever registered against you? then i would have answered YES

but there were only 2 questions as i have told earlier.

Please advice me on it.

 
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