Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Kanwaljit Kaur   13 August 2017

termination

sir i was working as clerk in consumer forum since 20.07.2015 and a false FIR u/s 419 was registered against me and due to this my probatio time was extended in 17.07.2017 for another one year upto 19.07.2018 and department terminated me on 07.8.2017 while i have already completed 2 years on 19.07.2017 and FIR is under inquiry. My ACR report are good and very good for last two year. now question is that what should i do. can i get my job back or not as my ACR are very good for last 2 years and department have not give me any notice. no complaint against me in my office from any person so far. can departments terminate on the behalf of FIR while its under police inquiry kindly guide me 9646164101


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 14 Replies

Adv Sheetal D Bhutada (Advocate)     13 August 2017

what is position of FIR at present?
1 Like

Adv Sheetal D Bhutada (Advocate)     13 August 2017

why no charge sheet filed? Contest matter after Charge sheet. if you acquitted you can resume job.
1 Like

Kanwaljit Kaur   13 August 2017

sir FIR is under enquiry before adgp
1 Like

Kanwaljit Kaur   13 August 2017

we make an application before adap crime to investigate the matter from other police zone but he forward the application in same police zone. the police never intimated us and made inquiry in the absence of accuse and complainant and make results against us
1 Like

Kanwaljit Kaur   13 August 2017

mam there is no departmental inquiry is conducted against me and no notice given to me and terminated me directly
1 Like

Kanwaljit Kaur   18 September 2017

hi mam kindly tel me what I have to do. I have filed departmental appeal on 23.8.2017 but notice is not issued to respondent so far

Adv Sheetal D Bhutada (Advocate)     18 September 2017

what is reason for non issuance of notice?
1 Like

Kanwaljit Kaur   19 September 2017

there is scam in the recruitment made in this department since it's inception and I mentioned that in my appeal

Kanwaljit Kaur   19 September 2017

the appeal is pending but notice is not issued so far . all the recruitment made from own choice person without advertisement and I filed an RTI regarding this which show scam in recruitment and the department not followed the rules laid in case reminder and other versus district. and session judge tees hajari court so they threat me to withdraw the RTI. the department head was involved in this scam so he registered false FIR under section 419 IPC impersonation cheating without any record

Adv Sheetal D Bhutada (Advocate)     19 September 2017

notice will be issued in your appeal. why worry
1 Like

Sudhir Kumar, Advocate (Advocate)     23 September 2017

prima-facie the action doe snot seem challnageable

1 Like

Kanwaljit Kaur   23 September 2017

who say the action is not challengeable. read the judgement of apex court in case Ramesh kohli versus Jammu and Kashmir high court in which the termination during probation can made only by simplified order and must not be stigmatic but is there is a stigma that must be set aside and employee must be reinstate. a lot of judgements there are recently Justice P.B Bajantri passed a judgment against district and session judge ,Palwal haryana in which a probation trainee who was joined 6 months ago was terminated by session judge is reinstated with full fledged benefits

Sudhir Kumar, Advocate (Advocate)     24 September 2017

You already know the law then why have you come here to take exam of experts.

 

Your facts do not show it to be stigmatic termination.  There will be no vigilance clearance during pendancy of criminal case and you are not able to clear probation.

Kanwaljit Kaur   24 September 2017

the fir registered against me is false and there is no evidence which can be present in challan.
the same is supplied to me through RTI act in which the complainant admitted that there is no documentry evidence which prove section 419 IPC and my termination is on the basis of FIR not on the basis of unsatisfactory work. my probation period is extended due to FIR and not due to unsatisfactory work. that's why it's stigmatic. the head of department Mr. Justice Paramjit Singh Dhaliwal who is retired from Punjab and haryana high court also admitted this is stigmatic termination. So termination must be set aside

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