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Rajinder Kumar (ऐसा)     13 January 2015

What to do? please help.

I am convicted for submitting false/forged ST certificate for getting government job by lower court u/s 420,471 for 3 years imprisonment.  I got bail in appeal in session court.  Now my employer/department issues notice/memo to give explanation if any within 10 days and says that after 10 days it would dismiss me 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?


 4 Replies

adv.raghavan (Advocate,9444674980)     14 January 2015

your case hasnt reached finality yet, you are  on appeal bail, so the office can suspend you for the time being, only after the out come of high court or sessions court, they should take a final call, anything happens in the mean time can be contested on merits.

1 Like

T. Kalaiselvan, Advocate (Advocate)     17 January 2015

You have to give a reply to the notice issued by your employer. In that state that yo have preferred an appeal against the judgment of the lower court hence you may be given a chance to continue until the appeal is decided, this reply will certainly make your department to wait for the outcome of the appeal in the case.  If they still refer to dismiss you on the basis of lower court's order, you may in the appeal itself add another application for stay of the employer's decision to go ahead with the dismissal decision.

Sudhir Kumar, Advocate (Advocate)     09 June 2015

department is adopting correct procedure.


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

Sudhir Kumar, Advocate (Advocate)     09 June 2015


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