• Eligibility of government suspended employee for another government post

Dear sir
I am working with Ahmedabad Municipal Corporation a Govt. body. I am suspended for a case in which I am innocent. Now in my organization a vacancy for a post of Asst. Manager, I am fulfil criteria, I have applied and a call latter for exam also issued to me. Can my gov. organization preclude (not allow /stop) me for appearing in the exam? Please give me legal advice on this matter.
In our organization a suspended candidate was not allowed to attend the exam. So I am worried. 
Please give me your legal opinion or advice so that if that situation will come than I can put my plea.
Thanking you
Asked 4 years ago in Labour

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9 Answers

Dear Client,

What kind of case ?

Govt. cannot hold any person to contest/appear in exam, even if service rules say so ( against principal of natural justice ), you can assail such rule in High Court.

If services rules says than certainly govt will hold you, so u have no option except to approach High Court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

If you have already been suspended by the department then you are not eligible to apply for some other post in the same department.

Have you filed any case against the said illegal suspension.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) You have to follow that New joining candidate criteria and what are requirement, just ask them is it true because case is going on and its not proved against you. I think you still be treated as innocent unless n until the result are being wrongfully accused.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Since you have been suspended from government service you would not be permitted to appear for another govt post

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

You ought to have taken permission from your department before applying for this position, for which you have now been selected. You only say that since you were under suspension, it wasn't open for you to sit for this position; hence, you can be barred by your department.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You would not be permitted to appear for the exam in government sector, as you've been already suspended by earlier services in govt. sector.

Did you take any action against the said suspension?

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Dear Sir,

Until your departmental inquiry is cleared you are barred from applying any govt. job even if applied and got job you cannot join the service. Please read Gujarat Civil Services (Conduct) Rules,1971 care fully. Alternatively approach the HC get the suspension stayed or quashed and seek permission to apply and get any other govt. job.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You are just suspended and not terminated yet.

Hence you are still the employee of the organization.

Therefore you have to obtain permission and NOC from the employer to apply for fresh employment with any other organization.

Without permission you cannot take an employment outside since it will be an illegal act.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Legally they can't stop you. But if your service rules permit them to restrain then they can do that. For opposing then you need to file writ petition in hc

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

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