Upgrad LLM

dismissal from government job


 A person is convicted for submitting false/forged ST certificate for getting government job by lower court u/s 420,471 for 3 years imprisonment.  He got bail in appeal in session court.  Now his employer/department issues notice/memo to give explanation if any within 10 days and says that after 10 days it would dismiss him from service.

1. Is there any remedy for not loosing job

2.can filing of appeal in session court be a base for demanding mercy against dismissal?

3.can government servant go in Highcourt/supreme court against this memo/notice of dismissal?

 
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All experts are invited to comment on the issue. Please reply me on the points at the earliest.

 
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Advocate

The discretion will depend on the employer/department who have issued a notice to get satisfied on the reply notice because it is an appeal against the impugned order so the judgment by lower court until set aside by the appellate court, will be valid hence the employer may terminate the services of the employee on the basis of the judgement.  The employee can in the appellate court itself obtain a stay restricting the employer from terminating the services until the appeal is decided.


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Dy Director

department is adopting correct procedure.

 

a convicted employee can be dismissed witout chargehset/inqiry but is entitled to SCN which has been issued.

 
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Dy Director

repaated

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=119746&offset=0#.VXbGGFKupVI

 
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