• Change of Govt. Dept. with chargesheets in previous department

Hello Sir, I am working in FCI as  Manager (Quality). I have one charge-sheet for causing some loss to the organization. I wanted to know about the fact that if I got selected in any other Govt, department:
1. Can I give immediate resign?
2. Or if there is any provision in the law to attend the hearings of charge-sheets of previous department (FCI) while working in new department?
Asked 1 year ago in Civil Law from Ludhiana, Punjab
1. You may resign but the govt may reject your resignation in view of the fact that you have been chargesheeted. Most likely it will be rejected.

2. It is upto the govt to decide whether to allow or disallow you to attend the hearings.

3. You have the legal recourse to challenge the chargesheet in the court if there is a legal ground available to you.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Hi
You can attend the trial and work in other department.
Disclose the details of the existing charge sheet 
Hiding the fact that you are facing enquiry/charge sheet and trial can go against you.
You should continue to be in job till you are officially asked to leave if found guilty/convicted. 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1) you would need to furnish notice of resignation if charge sheet is pending against you 

2) your resignation would not be accepted as disciplinary proceedings are pending against you 

3) you have to attend the hearings wherein charge sheet has been filed against you 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
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CCS(CCA Rules) 5A)    Forwarding of applications for other posts – Principles regarding –

The question regulating the forwarding of applications to the Ministries/Departments/other Government offices or to the UPSC from candidates serving under the Government has been reviewed.

2. It has been decided to consolidate the instructions on the subject.  Therefore, the following instructions in supersession of the instructions contained in this Department’s OMs No. 11012/10/75-Estt. (A) dated 18.10.1975 and No. 42015/4/78-Estt. (C) dated 01.01.1979 are issued for guidance of all the Administrative Authorities.

3. Application of a Government servant for appointment, whether by Direct Recruitment, transfer on deputation or transfer, to any other post should not be considered/forwarded if :-

(i)        He is under suspension; or

(ii)       Disciplinary proceedings are pending against him and a charge sheet has been issued; or

(iii)       Sanction for prosecution, where necessary has been accorded by the competent authority; or

(iv)       where a prosecution sanction is not necessary, a charge sheet has been filed in a court of law against him for criminal prosecution.

4. When the conduct of a Government Servant is under investigation (by the CBI or by the controlling Department) but the investigation has not reached the stage of issue of charge sheet or prosecution sanction or filing of charge-sheet for criminal prosecution in a court, the application of such a Government servant may be forwarded together with brief comments on the nature of allegations and it should also be made clear that in the event of actual selection of the Government servant, he would not be released for taking up the appointment, if by that time charge sheet for imposition of penalty under CCS (CCA) Rules, 1965 or sanction for prosecution is issued or a charge sheet is filed in a court to prosecute the Government Servant, or he is placed under suspension.

Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
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The charge sheet you refer to is the departmental disciplinary proceedings pending against you, right?  You may be aware that during pendency of departmental proceedings, you will not be permitted to resign, beyond that if you abscond or abstain from attending the duties, you may be terminated but the findings of proceedings will be against yo, leading to a criminal complaint too besides  recovery, if any through civil court and you will not be entitled to terminal benefits too. So do not hurry to resign.
Once you stand terminated due to disciplinary reasons, you may not be employed by new employer so there is no question of  attending while being employed in a new organisation.
It is advisable to consult a local service law practicing lawyer  discuss with him with all the relevant details about the situation and  take decision on his/her further advise. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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Hello,
1) There's nothing that does you from resigning immediately if you get selected to another department. However you will court be absolved from the charges brought against you and will be liable to face those charges despite moving to another department.
2) If the new department employs you there will be provision to attend the departmental inquiry.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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Dear Querist
its depend on the terms and conditions of the departments in which both the queries answer you are working and later on will worked.

Nadeem Qureshi
Advocate, New Delhi
3536 Answers
130 Consultations
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