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RAGHAV (no)     24 April 2014

Removal from service

 was removed from a Govt. Bank with an administrative order containing

REMOVAL FROM SERVICE WHICH SHALL NOT A DISQUALIFICATION FROM FUTURE EMPLOYMENT

I am heading for UPSC interview, what should i mention in the attestation form 

1. Should i mention my past job record, 

2. in column number 11a & 11b should i mention that a DAD inquiry was held against me.

3. if i do not mention this, what can be the consequences.



Learning

 13 Replies

Sudhir Kumar, Advocate (Advocate)     24 April 2014

no wrong information is to be given in the attestation form

Sanjay Malik (Manager- Legal & Compliance )     24 April 2014

Yes should mention past service record along with all relevant information, otherwise may affect your career after joining in adminstrative services through UPSC. Be clear and honest.

Dr J C Vashista (Advocate)     25 April 2014

All informations should be mentioned

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     25 April 2014

DEAR MR. RAGHAV 

                                   WHERE IS THE PUNISHMENT " REMOVAL OF SERVICE " IN A NATIONALIZED BANK . I WAS THE GENERAL SECRETARY OF A NATIONAL BANK . BESIDES THAT I WAS THE NATIONAL EXECUTIVE COMMITTEE MEMBER OF THE ALL INDIA FEDERATION FOR 28 NATIONALIZED BANKS IN ADDITION TO TREASURER OF THE STATE FEDERATION FOR 28 NATIONALIZED BANKS . IN WHICH SETTLEMENT REMOVAL OF SERVICE COMES . ARE YOU RETIRED UNDER " VOLUNTARY CESSATION OF EMPLOYMENT " WITHOUT PENSION . THE NEXT OPTION IS 30 DAYS UNAUTHORIZED ABSENCE WHICH COMES UNDER " GROSS MISCONDUCT " . REMOVAL OF SERVICE IS ONLY IN GOVERNMENT SERVICE WHERE THEY TAKE THEM BACK AT A REDUCED CATEGORY . YOU EXPLAIN YOUR PROBLEM CORRECTLY . I WILL SUGGEST THE REMEDY BY FILING A WRIT PETITION THROUGH ANY OF THE SENIOR COUNSELS FROM THIS FORUM . I WILL PROVIDE VARIOUS JUDGEMENT ALSO . YOU MUST PUT IN THE TRUE FACTS IN THIS FORUM . THERE ARE MANY SENIOR ADVOCATES IN THIS FORUM WHO WILL APPEAR FOR YOU . YOU FILE THE WRIT PETITION , GET THAT ADMITTED AND PUT THAT IN THE FORM WHEN YOUR TURN FOR INTERVIEW COMES . BUT IF YOU RECORD THAT IN THE  UPSC INTERVIEW FORM YOUR FUTURE PROSPECTS WILL BE VERY DIFFICULT . BETTER SKIP THIS INTERVIEW , COME OUT CLEAN THROUGH COURT AND APPEAR FOR NEXT UPSC EXAMINATION .- JOSEPH WILFRED - 25/04/2014 AT 22:06 HRS  

T. Kalaiselvan, Advocate (Advocate)     26 April 2014

If what Mr Joseph Wilfred observed is true, the author is not coming out with facts, he is just trying to either enrich/update his academic  knowledge or he is cashing on for his client's case through this forum.  Please answer the queries raised by Mr. Joseph Wilfred first.

Sudhir Kumar, Advocate (Advocate)     26 April 2014

I believe  facts are given sufficient fort the query.  He only wants to ask if removal from service can be hurdle in future employment.

Sudhir Kumar, Advocate (Advocate)     26 April 2014

I will be happy if I could enhance my knowledge.

 

I could not understand what Mr Wilfred meant to say that " REMOVAL OF SERVICE IS ONLY IN GOVERNMENT SERVICE WHERE THEY TAKE THEM BACK AT A REDUCED CATEGORY"

 

All that I know that removal from service is one of the penalties in Govt specified in Rule 11 of CCS(CC&A) Rules and this penalty does not result in the employee being taken on lower post. 

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     26 April 2014

DEAR MR. SUDHIR KUMAR

                                                  YOU ARE OF THE OPINION THAT REMOVAL OF SERVICE IS A PENALTY AS PER THE SERVICE RULES . THE SERVICE RULES WILL SAY ONE THING BUT THAT HAPPENS IN REALTY IS DIFFERENT . REALLY I AM VERY MUCH UPSET OF THE HAPPENINGS IN THE CENTRAL GOVERNMENT OFFICES BUT I AM UNABLE TO COME OUT OF THE TRUE FACTS EVEN THROUGH MEDIA . I AM NOT A POLITICIAN OR A MULTI MILLION PERSON TO ABSORB WHAT WILL COME IN RETURN FOR MY EXPOSURE . IF THE FORUM MEMBERS ARE READY TO TAKE UP EVEN ONE MATTER THAT IS HAPPENING IN THE CENTRAL GOVERNMENT'S LARGEST INDUSTRY, CRORES OF RUPEES OF THE TAX PAYERS CAN BE SAVED . BUT I CANNOT PROVIDE THOSE INFORMATION THROUGH THIS FORUM . AS YOU BELIEVE , ONE WAY THE PUNISHMENT WILL BE GIVEN, ON THE OTHER HAND IT WILL BE REVERSED THROUGH THE OTHER WAY . BOTH ( I HOPE YOU WILL UNDERSTAND THE MEANING ) ARE HAND IN GLOVE FOR EVERYTHING . NOTHING WILL BE DONE FREE OF COST . FOR CERTAIN MATTERS ( PROMOTIONS ) I AM HAVING THE  SUPREME COURT CONSTITUTION BENCH ORDERS COMMUNICATED TO ALL ZONES THROUGH THE HEAD , CIRCULARS ISSUED BY THE ZONAL OFFICES TO THE REGIONAL HEADS BUT THAT WAS NOT IMPLEMENTED EVEN BY THE ZONAL OFFICE . I AM GIVING THIS INFORMATION ABOUT ONE ZONAL OFFICE ONLY . THERE ARE 9 ZONAL OFFICES THROUGHOUT THE COUNTRY . I TOOK UP THIS MATTER IN 1995 THROUGH ONE EMPLOYEE BUT I COULD NOT GO BEYOND A CERTAIN LIMIT AS THE EMPLOYEE HAD BACKED OUT DUE TO PRESSURE . BECAUSE BEFORE GOING TO COURT , ANY EMPLOYEE SHOULD HAVE MADE A REPRESENTATION TO THE MANAGEMENT AND THAT SHOULD HAVE BEEN EITHER DECLINED OR NOT REPLIED IN SPITE OF REMINDERS .    

REGARDING MR. KALAISEVAN'S OPINION , WHY I CAME OUT WITH THE FACT WAS THE FORUM MEMBERS WERE REPLYING TO HIS QUESTION BELIEVING IT IN TOTO . NOW DID HE REPLY TO MY QUESTION ? VOLUNTARY CESSATION OF EMPLOYMENT FROM SERVICE WAS FIRST INCLUDED IN 1985 SETTLEMENT BETWEEN THE BANKS AND THE INDIAN BANKS ASSOCIATION REPRESENTING THE MANAGEMENT OF BANKS . IF AN EMPLOYEE ABSENTS FROM WORK FOR 90 DAYS WITHOUT SUBMITTING ANY LEAVE APPLICATION , A NOTICE WILL BE ISSUED TO HIM TO REPORT FOR DUTY .IF HE REPORTS FOR DUTY , DISCIPLINARY PROCEEDINGS WILL BE INITIATED AS PER THE SERVICE RULES . IF HE DOES NOT REPORT FOR DUTY WITHIN 30 DAYS OF RECEIVING THE NOTICE OR IF HE DOES NOT SUBMIT A SATISFACTORY EXPLANATION WITHIN THAT PERIOD , IT IS DEEMED THAT HE HAD VOLUNTARILY RETIRED FROM SERVICE . ( I HAVE GIVEN THIS CLAUSE IN BRIEF )

IN REALTY IT IS VERY DIFFICULT TO GET OVER THIS SITUATION . AFTER REPORTING FOR DUTY HE SHOULD NOT ABSENT HIMSELF FOR 30 DAYS . IF HE TAKES LEAVE AGAIN , NOW THERE IS NO 90 DAYS GRACE PERIOD BUT NOTICE WILL BE ISSUED IMMEDIATELY AND HE SHOULD REPORT FOR DUTY IMMEDIATELY . AGAIN HE SHOULD NOT TAKE LEAVE FOR 30 DAYS . IF HE REPEATS IT AGAIN , THEN NO NOTICE WILL BE SERVED BUT IT WILL BE DEEMED THAT HE HAD VOLUNTARILY RETIRED FROM SERVICE AND LETTER TO THAT EFFECT WILL REACH HIM .

AS FAR AS YOU ALL ARE CONCERNED THIS IS IN THE SETTLEMENT . BUT THIS WILL BE IMPLEMENTED ONLY IN SELECTIVE CASES AS A VERY STRICT MEASURE AS IF THE BANK HAD LOST IN CRORES EVEN IF HE HAD GONE ON LOSS OF PAY . BUT AS MR. SUDHIR HAD SAID , EVEN AFTER RECEIVING THE VOLUNTARY RETIREMENT LETTER , THE EMPLOYEE WILL APPROACH THE UNION AND HE WILL BE ALLOWED TO JOIN DUTY . THERE IS NO APPEAL FOR THIS AS THIS IS NOT A DISCIPLINARY ACTION BUT THE EMPLOYEE HIMSELF HAD DEMITTED OFFICE . THIS CLAUSE WAS REMOVED IN 1995 SETTLEMENT AND THE 30 DAYS UNAUTHORIZED ABSENCE " TREATED AS A GROSS MISCONDUCT " WAS REPLACED FOR WHICH DISCIPLINARY PROCEEDINGS IS APPLIED . BUT IN THE NEXT SETTLEMENT AFTER THE YEAR 2000  THIS WAS AGAIN INCLUDED . TO BE FRANK I DON'T TAKE CLIENTS WHO RAISES QUESTIONS IN THIS FORUM . MANY DON'T DISCLOSE THE ACTUAL FACTS .

BUT WHEN I SEE THAT A PERSON IS MISGUIDING THE FORUM MEMBERS AND THE MEMBERS ARE ALSO BELIEVING HIM AND POSTING THEIR REPLIES I WILL GIVE A CLEAR PICTURE BUT I CANNOT TYPE THE ENTIRE SETTLEMENT AS IT IS NOT POSSIBLE TO PUT EVERYTHING IN THIS THIS -- JOSEPH WILFRED - 26/04/2014 AT 18:50 HRS  

RAGHAV (no)     18 June 2014

Dear Sirs,

i did not check your replies for a long time.

i was not selected after interview.

Well, i did'nt mention about the administrative order of Removal from Service.

It would have been suicidal to do so. because attestation form is submitted to the board. 

Well, Mr. Joseph i frankly admit on this forum that i was guilty of opening a false account in a nationalised bank. there was no evidence to prove i am not guilty. the management with all their hatred Removed me from service. But in that account not even a single rupee was withdrawn. It was not under the category of Fraud.

Well I am again Heading for the same Exam this year.

I would still ask you the same question.

Beacuse if I fill it in the UPSC will ask me questions on this.

Sudhir Kumar, Advocate (Advocate)     19 June 2014

who told you that attestion form is placed before the board.  It is filled after the board has selected the candidate.

RAGHAV (no)     20 June 2014

So should i clearly tell them about my Removal in the attestation form??

Will it not affect the selection??

Although, it was a very big punishment for my mistake, but still it is seen as a major punishment.

well my clearly put question is this

1. If I mention this will it affect my selection??

Technically on the letter of my removal it was written as

Removal from Service without Disqualification from the Future Employment.

Sudhir Kumar, Advocate (Advocate)     23 June 2014

you have no choice except to tell truth.

Sunil   11 June 2018

I was also removed from service and currently i m selected as clerk in govt department ... Now i m going to join my new service i havenot mentioned my pastservice because there was no option for experience nor there is any box for filling post employment..my pran is currently active so i will gavethem my pran no

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