• Relieving letter from previous employer

Sir I was working with a central Psu for past 1 years and was on probation.
During my service I had made a mistake which costed the company around 10 lakhs.
I had resigned from this organisation 10 days ago.
But the company's management is refusing to give me releiving letter saying that there is an enquirey pending against you and you will be given a charge sheet in some time.
I am also selected for a post in central government and wish to join but without releiving letter they will not let me join.
Please giude what should I do?
Asked 1 year ago in Labour from Lucknow, Uttar Pradesh

Hello,

The psu should have given you the charges against you in writing before taking any action against you. Moreover they can't hold you till the completion of the enquiry. You should file a writ petition before the HC.

Regards

Rahul Mishra
Advocate, Lucknow
4340 Answers
11 Consultations

5.0 on 5.0

Sir if any enquire is pending against you but still you have not received any written intimation of the same file a application before the Central Administrative tribunal praying to direct authorities to give your relieving letter.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

company is at liberty to reject your resignation on account of pending inquiry

2) you cannot join central govt without relieving letter

3) in case charge sheet is issued against you you have to deny allegations made against you

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Dear Client,

Employee does have the right to resign - he can tender such resignation at any time whether disciplinary inquiry pending or concluded. If not accepted you can approach CAT.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Sir in case the enquiry is pending then you have to wait till the order is there or alternatively you can file an application before high court for quashing the charge sheet if the allegations levelled are false and also to expedite the enquiry.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

This is my response to you:

1. Then file an application to expedite the inquiry, filing of chargesheet and the passing of Order;

2. If they don't respond, you can atleast use this evidence that due to the above reasons you cannot retrieve the relieving letter;

3. If the PSU does not respond then send them a legal notice;

4. Have you accepted that the loss was due to your fault?

5. If not then challenge this inquiry against you and get yourself exonerated.

Gowaal Padavi
Advocate, Mumbai
1826 Answers
2 Consultations

5.0 on 5.0

1) You should contact head of HrD.

2) Provide all detail information infront of them and get relieving letter by taking responsibility of investigation report

3) Whatever result or output come from the investigation report you will be attending whenever you will call for it.

Ganesh Kadam
Advocate, Pune
7502 Answers
65 Consultations

4.9 on 5.0

If an enquiry is pending against you your resignation would not be accepted

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

hello,

the management has a right not to accept a resignation, if, in the opinion of the management, the circumstances so warrant. The circumstances illustratively may concern themselves with eventualities like the inability of the company to relieve an individual entrusted with important work, the pendency of disciplinary proceedings, vigilance enquiry.

At any rate, it is for the management to show that there were any circumstances existing at the time of the letter offering your resignation that there existed any of the circumstances as have been enumerated in rules, not to accept the resignation. More particularly, the said circumstance ought to be manifest in the communication of the management in response to the offer of resignation by the employee. you can expedite the process by filing a WP.

regards

Rahul Mishra
Advocate, Lucknow
4340 Answers
11 Consultations

5.0 on 5.0

Hello,

Have you received any show cause notice till date?

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

File an RTI to enquire as to why relieving letter is not being given, otherwise file a writ in the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

As i said, u r not bound to stay in the job, pending inquiry, IF resignation not accepted, approach CAT.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Yes , they will take strict action against you. ND later recover the amount from you which company has lost due to your mistakes if you like to solve this soon as possible..

Better to compromise with.the company officials... Pay the loss amount

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

If there is a departmental inquiry pending against you then the authority will not relieve you even you have tendered your resignation till the disposal of the inquiry instituted against you.

If you join another company or any other organisation without getting a relieving order from the present organisation then you will be suppressing the information of this employment with the new employer, which is illegal.

You will be a in a greate trouble and danger when the new employer finds the fact after getting a verification report post appointment.

Dont undertake any such risk which will ruin your future career itself.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Sir to issue chargesheet and completion of enquirey will take more than one year.But in case of central government jobs one cannot take extension of more than 6 months.

I cannot afford to lose my central govt job at any cost.

Please help what is the best possible way

You have been warned about the legal consequences, after that if you want to proceed then it is your problem.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

1. You cannot be relieved by the employer unless the report of inquiry comes and gives you a clean chit. During the pendency of the inquiry there is no question of relieving the employer against whom the inquiry is still pending.

2. What you can do though is file a writ petition in the High Court to seek directions to the employer to finish the enquiry in a time bound manner.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

If the PSU's management is not accepting your resignation letter, during the pendency of enquiry against you, you should approach Central Administrative Tribunal by way of an Original Application as inquiry and filing charge may take longer than an year too.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

Sir to issue chargesheet and completion of enquirey will take more than one year.But in case of central government jobs one cannot take extension of more than 6 months.

I cannot afford to lose my central govt job at any cost.

Please help what is the best possible way?

A. For this, you'll have to file a writ petition in the High Court praying for speedy trial. You can also file for quashing of FIR under Section 482, if they decide to lodge a FIR against you for your actions.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

For how long, this departmental inquiry is pending?

What is the progress of the above-said inquiry?

Santosh Kumar Tiwari
Advocate, Varanasi
6 Answers

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