[Dr. Ashok Dhamija]

In such situation if the employee is under the Central Government, as far as I understand, it appears that the order of promotion of such officer may become invalid and the officer may be required to be considered afresh by the next DPC held in the normal course after he joins his duty on expiry of the extraordinary leave. I am writing this on the basis of the Office Memorandum No. 20034/5/2002-Estt(D) dated August 4th, 2004, of the Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the relevant extract from which is as under:

“It is clarified that if on the basis of empanelment for promotion against vacancies arising in a vacancy year, a promotion order contains name of a person who is on a sanctioned leave, a copy of the same is to be endorsed to the officer at his leave address by registered/speed post etc. along with necessary advice about the authority to whom he is to report for assuming charge of the higher post. If the Officer assumes charge of the higher promotional post by curtailing leave, if necessary, within the currency of the vacancy year for which the panel is prepared, or within six months from the date of the promotion order, or before the last person borne on the panel is offered promotion without being required to be reassessed by a fresh DPC, whichever is later, the officer will not be required to be considered afresh by the next DPC and he will retain his seniority as per the position in the panel on the basis of which he has been promoted.  If, however, he does not join to assume charge of the higher post within the period as specified above and continues to remain on long leave or seeks further extension of leave, the order of promotion, insofar as the said officer is concerned, will become invalid and the officer will be required to be considered afresh by the next DPC held in the normal course after he joins his duty on expiry of the leave.  His  seniority  on  subsequent  promotion  will  be  as  per   the position in the fresh panel.  This will equally apply to cases of promotion by mode of selection as well as non-selection. While referring the order of promotion to the officer on leave, it would be necessary to bring to his/her notice the above position.”

The above O.M. lays down provision in respect of an officer who is on a sanctioned leave. Obviously, an officer who is on an extraordinary leave cannot be in a better position than an officer on a sanctioned leave.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Please read my reply to a similar question asked by a banker: Approaching court for revocation of suspension and reinstatement after long suspension.

Please also see: Suspension order not to extend beyond 3 months if charge-sheet is not served, says Supreme Court.

You may also read other articles / replies on this website relating to suspension: http://tilakmarg.com/forum/search_gcse/?q=suspension.

Generally in cases where there is a criminal case registered followed by arrest / custody, suspension may be continued for longer durations. It is not uncommon to see suspension in such cases continuing till the trial in the criminal case is over. It also depends on the facts of the case and the role of the employee in such criminal case.

Normally, there are provisions for review of the suspension at periodic intervals such as 3 months or 6 months. You may check what are the rules in your bank relating to review of the suspension. Also check whether your suspension has been reviewed periodically as per the rules.

Depending upon facts of your case, and in consultation with your local lawyer, you may challenge the continuation of your suspension in the appropriate court / tribunal.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Definition of “criminal trespass” is given in Section 441 of the Indian Penal Code:

“441. Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,

or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence,

is said to commit “criminal trespass”.”

It is clear from this definition that if a person who had lawfully entered into or upon a property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, that may also be within the offence of criminal trespass. Therefore, in my considered opinion, legally speaking, it may be possible to file a complaint of criminal trespass. However, it depends on the facts of each case whether it would be advisable to file such a complaint.

It may not be possible to claim any additional mesne profits and/or compensation at the stage of the execution petition. It has been held that held that till the final decree is passed, the court is empowered to grant the relief of mesne profits. Once the final decree is passed, thereafter it is not open to the court to grant the relief of mesne profits; the simple reason being that the final decree is the one which is to be executed. It is well known fact that the executing court cannot go beyond the decree which is being executed.

The execution court has sufficient powers to execute the decree, including attachment of property and sending the person concerned to civil prison. For example, see Order 21 of the CPC which relates to execution of decrees and orders. Since the Civil Procedure Code contains detailed provisions for execution and for disobedience of orders of court, usually contempt of court is not a good option in such a case and a contempt petition may not be accepted.

Unfortunately, the court proceedings are generally long-drawn and take decades nowadays due to huge pendency. But, since you have won your case in most of the stages, after some more patience, you should ultimately get justice. Of course, it is difficult to avoid delay.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

If you are submitting the original device on which voice has been recorded, it is admissible in evidence as the primary evidence without any further certificate. Of course, it may have to be shown that it is the original device on which it was recorded first.

If you want to give a copy of the voice recorded in some CD or Micro SD card, etc., then you have to follow the procedure laid down in Section 65-B of the Evidence Act and also have to give a certificate required under that section. This section is reproduced at the end of this reply.

Such certificate is required to be given by the person as is mentioned in the said section. If it is your smartphone then you may have to give such certificate.

Above requirements are for making such electronic record admissible. Examination by forensic science laboratory is to prove the genuineness or authenticity of the same. Depending on the requirements of the case, such examination may be necessary. If it is a police case, then the police would be sending the same for forensic examination. If it is a private complaint case filed directly by you in court, then you may have to get them examined by forensic expert, depending on requirements of the case. You may search on the Internet about the list of such forensic experts. It is not possible for me to comment on the facts of an individual case as to on what points it needs to be done. You may consult some local lawyer about the detailed facts of your case.

There is no standard or sample certificate prescribed under law. It should fulfil the conditions mentioned in Section 65-B of the Evidence Act in plain simple language, and that should suffice.

There are several other articles / replies on this website on electronic evidence and Section 65-B of the Evidence Act. You can search these expressions on this website. For example, see the search results at this link: http://tilakmarg.com/forum/search_gcse/?q=65-B

Section 65-B of the Evidence Act is as under:

“65-B. Admissibility of electronic records.—(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely—

(a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;

(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;

(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and

(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.

(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether—

(a) by a combination of computers operating over that period; or

(b) by different computers operating in succession over that period; or

(c) by different combinations of computers operating in succession over that period; or

(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,

all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.

(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say,—

(a) identifying the electronic record containing the statement and describing the manner in which it was produced;

(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;

(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,

and purporting to be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

(5) For the purposes of this section,—

(a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;

(b) whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;

(c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.

Explanation.—For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom by calculation, comparison or any other process.”

 

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

It depends on the relevant law being applicable in the concerned State. The States have their own Moneylenders Acts. It is possible that a particular state does not have such Act. You have to check it in your own state.

For example, there is the Punjab Registration of Money-Lender’s Act, 1938, which is applicable in Delhi also. This Act provides for registration and licensing of moneylenders. Section 3 of this Act prohibits any suits and applications by moneylenders for recovery of loan, etc., if he is not registered and does not have licence as a moneylender:

“3. Suits and applications by money-lenders barred, unless money-lender is registered and licensed.- Notwithstanding anything contained in any other enactment for the time being in force, a suit by a money-lender for the recovery of a loan, or an application by a money-lender for the execution of a decree relating to a loan, shall after the commencement of this act, be dismissed, unless the money-lender-

(a) at the time of the institution of the suit or presentation of the application for execution; or

(b) at the time of decreeing the suit or deciding the application for execution-

(i) is registered; and

(ii) holds a valid licence, in such form and manner as may be prescribed; or

(iii) holds a certificate from a Commissioner granted under section 11, specifying the loan in respect of which the suit is instituted, or the decree in respect of which the application for execution is presented; or

(iv) if he is not a registered and licensed money-lender, satisfies the Court that he has applied to the Collector to be registered and licensed and that such application is pending; provided that in such a case, the suit or application shall not be finally disposed of until the application of the money-lender for registration and grant of license pending before the Collector is finally disposed of.”

So, check the relevant law in your state. Consult a local lawyer.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

The relevant provision for defence witnesses in a trial of warrant cases by Magistrate is contained in Section 243 of the Criminal Procedure Code:

“243. Evidence for defence.— (1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.

(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing:

Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice.

(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.”

As laid down in the above legal provision, the Magistrate has the power to issue any process (such as summons or may even be warrant) for compelling the presence of any witness called by defence, and for this purpose reasonable expenses may be required to be paid by the accused.

Please note that in actual practice, it is generally advisable for the accused to arrange for the presence of his defence witnesses by talking to them, though formal summons may be issued for their presence. If you compel the presence of a defence witness, who is unwilling to attend, by summons or by warrant, such unwilling witness may even spoil the case of defence. Note that defence witness is supposed to help the accused by giving evidence in his support. If you force him to attend against his wishes, instead of supporting the defence, he may rather spoil the case of the accused, either directly or indirectly. It is well known that prosecution witnesses would speak against the accused, but if the defence witnesses also speak against the accused then the case may become difficult to handle. Therefore, you have to be cautious in calling the defence witnesses. Talk to them, request them, and persuade them to give evidence in your support. Whether you should force the defence witnesses? Well, it depends on the nature of evidence sought to be adduced, but generally it is avoidable.

If dasti summons are issued, then you’ll have to get them served on the witnesses being called by you through these summons. Someone may have to personally go and serve the summons. It is not a question of being easy or difficult. If you have no other option then you have to do it.

If court issues process in the form of summons, then the witness concerned may have to attend the court. If needed, the court can also issue warrant to ensure his presence.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Firstly, please note that in Parliamentary system of Government, the President does not exercise all the powers himself. These powers are exercised by Ministers or other officers in the name of the President and/or on his behalf, in accordance with Article 77 of the Constitution, which is as under:

“77. Conduct of business of the Government of India.-

(1) All executive action of the Government of India shall be expressed to be taken in the name of the President

(2) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in rules to be made by the President, and the validity of an order or instrument which is so authenticated shall nor be called in question on the ground that it is not an order or instrument made or executed by the President

(3) The President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.”

Please note that under clause (3) of Article 77 of the Constitution, “rules of business” have been framed by the President of India in the form of the Government of India (Allocation of Business) Rules, 1961, which being the statutory rules govern as to how the business of the Government of India has to be transacted by various Ministries, Departments, etc. These Rules lay down which ministry / department would handle which matter.

Likewise, under the above provision of the Constitution, the Government of India (Transaction of Business) Rules, 1961, have also been framed by the President of India, which lay down the authorities who can exercise various executive powers of the Government, in the name of the President.

Thirdly, under clause (2) of Article 77 of the Constitution, rules have been framed by the President of India in the form of the Authentication (Orders and other Instruments) Rules, 1958, which lay down which officer can authenticate the orders to be issued in the name of the President.

While it is not possible for me to comment on the facts of your case (since I have not seen the detailed facts of your case), generally speaking in such matters, the decision to accord sanction for prosecution for Group A officers of Central Government is taken by the Minister concerned under the above Rules on behalf of the President. The President himself would not take the decision for Group A officers; this decision is taken on his behalf by Minister under the authority of the above Rules. Once the decision to grant sanction for prosecution has been taken in the file by the Minister concerned (on behalf of the President), the actual order is authenticated / signed by an officer of the Ministry under the above Authentication Rules. Under the said Rules, an order can generally be signed by Secretary, Additional Secretary, Joint Secretary, Deputy Secretary, Under Secretary or Assistant Secretary to the Government of India. In your case, you have mentioned that it has been signed by a Director level officer, who is between the ranks of Joint Secretary and Deputy Secretary.

This is the general legal position in sanction matters. If these requirements are satisfied, then the sanction may be considered as legally valid and cognizance can be taken by the court. You may show your detailed papers to some local legal expert in your city to get opinion as to whether these requirements have been satisfied in your case.

[Note: Some contents in the above reply have been taken from my book: Prevention of Corruption Act, Second Edition (2009), appx. 2250 pages, published by LexisNexis Butterworths Wadhwa, New Delhi (ISBN: 978-81-8038-592-6).]

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

It is not possible to understand what you have written and also what question do you want to ask.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Yes, legally it is possible that a person is convicted under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, but is acquitted under Section 7 thereof in the same case.

Generally, in a trap case of bribery against a public servant, both Section 7 and Section 13(1)(d) are applied. Both these offences are similar, but they are not the same. Their ingredients are different. Therefore, in certain cases, it may be legally possible that offence under one of these two legal provisions is proved, but there is no evidence to prove the second offence. Accordingly, acquittal under one section and conviction under the other is possible under law. It depends on facts of the individual case.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

You can file a discharge application and if it succeeds, then no charges would be framed and no trial would take place.

Yes, all the accused persons are required to personally attend on each date of the trial, unless exempted by the court either generally or specifically for a particular date.

You have to apply to the trial court for seeking exemption giving justifiable reasons.

As I mentioned above, you have to file discharge application. Or else, face the trial and get acquitted by showing that the prosecution case is false.

If your discharge application is not allowed in trial court, you may challenge the same in the higher courts, including in the high court at the appropriate stage, and this does not require consent from the complainant wife.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Firstly, when you say that FIR is registered for a non-cognizable offence, I presume that even the sections applied in the FIR are also relating to non-cognizable offence(s). Otherwise, many a time, what happens is that an accused person may feel that the facts disclosed non-cognizable offence or even a civil matter, but the police applied cognizable offence sections and registered FIR.

For quashing the FIR if it relates to non-cognizable offence sections, you may have to approach the high court under Section 482 of the Criminal Procedure Code. You may show that no cognizable offence is made out on the basis of the facts mentioned in the FIR itself.

You can also approach the senior officers of police (such as the Superintendent of Police of the district concerned), who may direct the police station to close the investigation if the FIR relates only to a non-cognizable offence.

Usually, the police would not register an FIR in a non-cognizable offence. It may be by mistake or the interpretation of the facts whether they disclose a cognizable offence or a non-cognizable offence may be different. In fact, the general allegation against police is that they do not register FIRs even in cognizable offences.

However, if the FIR has been registered deliberately by the concerned police officer knowing fully well that only a non-cognizable offence has been committed, you may complain to his seniors and a departmental action may be initiated against him if the allegations are found to be true, and depending on specific facts of the case, an offence may perhaps also be disclosed against him.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

There is a legal provision under Section 357 of the Criminal Procedure Code which lays down, inter alia, that when a Court imposes a sentence of fine or a sentence of which fine forms a part, the Court may order the whole or any part of the fine recovered to be applied in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court. So, legally speaking, it is possible to award compensation to the victim in a criminal defamation case. However, it is a discretion of the court. Generally, people file separate civil defamation case for claiming damages for defamation. Section 357 of Cr.P.C. is reproduced below:

“357. Order to pay compensation.—(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied—

(a) in defraying the expenses properly incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;

(c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death;

(d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto.

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal.

(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced.

(4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.

(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section.”

 

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

As far as I understand there is no time limitation for mutation. However, you should check it from the relevant laws / rules applicable in your state, i.e., Andhra Pradesh, as to whether they lay down any such limitation period. Visit the local Tehsildar office in you area, if needed. I am not aware of local laws in your state.

At the same time, it is generally advisable to get the mutation made within a reasonable time, specially, with regard to transfer of agricultural land. Certain rights, such as those of “Pattadar”, may be dependent on entry of the owner’s name in revenue records through mutation.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

If your wife has made a false statement about her income in the court, as you have mentioned, and if the court has rejected your application under Section 340 of Criminal Procedure Code for filing a complaint against her, then your relief is to file an appeal against such decision under Section 341 of Criminal Procedure Code. You cannot file a direct complaint in any other court or with police for such false statement, since there is a specific prohibition against such direct complaint under the provisions of Section 195(1)(b) of the Criminal Procedure Code. Such a complaint can be made only by the court concerned under Section 340 Cr.P.C.

However, if there is a separate offence of forgery committed by your wife in your case outside the court, by creating a forged document of showing false income, then a complaint / FIR can be filed (only) with regard to such forgery. But, in so far as the offence of perjury (i.e., making a false statement in court or adducing false evidence in court) is concerned, such complaint can be filed only by following the procedure of Section 340 of Cr.P.C. (and, in your case, by filing an appeal under Section 341 Cr.P.C. since your Section 340 Cr.P.C. application has been rejected).     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Dr. Ashok Dhamija]

Success or failure in a case in court will depend on the facts of the case concerned. It is not possible for us to predict that, without even knowing the details of your case, as to on what specific grounds your services were terminated. Please consult some local lawyer and show him your detailed papers.

Usually, probation period can be terminated by passing a simpliciter order, without specifying any particular default. It can be done if the performance during probation was not satisfactory. Your lawyer will have to examine what ground is mentioned in the termination order, also the relevant rules of the organisation as to under what conditions the probation period can be terminated.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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