Dear Sir, I Joined Central government organisation in march 2021, my superior mentally harassed me for one year. After my clearance of probation period. I and my colleagues gave group complaint (harassment complaint) against my supervisor on june 2022. After giving complaint, a departmental staff grievance committee was formed and they told that group complaint is not accepted and individual complaint has to be given, however I didn’t gave any individual complaint against my supervisor. In feb. 2023 my supervisor gave complaint against me and my colleagues and the staff grievance committee asked for our replies. But I did not give any reply for the committee asked. But they told orally that when the committee will call your turn that time you can give your presentation. Later in the month of Aug 2023, I had applied no objection certificate through proper channel and I was selected another Central Government Organisation. As I was unware of that complaint and I applied for the NOC and my HoD (committee member) approved the NOC. The departmental grievance committee didn’t inform any of this issue to the admin, so admin also approved my NoC. After getting selected in another central government organization and I gave technical resignation, After my resignation the committee asked me to give replies. I gave my reply and I also wrote an apology letter to my supervisor, stating that- Apologize for the group complaint made against madam and requesting for withdrawing the complaint. Now the committee people are telling that, you have made a group complaint which is against the institute policy and they will take necessary disciplinary action against me and they may or may not provide reliving letter to join the another central government organization. please suggest me Sir on how to get reliving order from my present institute and how to avoid the disciplinary action. What type of disciplinary action can be taken against for giving a group complaint made?
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If a group complaint is against the regulations or rules then let the committee take suitable action on this, but they canot inordinately delay to relieve you.
If your request for technical resignation is held up unnecessarily or the department is harassing you and trying to wreak vengeance then you can approach CAT with an application seeking direction to the department to relieve you expeditiously.
Please provide your Grade of employment in the central department. Because each Grade of class has different rules to follow and time frame.
If no relieving letter is issued make an application to CAT to direct organisation to give you relieving letter
take 5e plea that NOC has already been issued yet organisation is refusing to give relieving letter
- As per the Employment Act, employees have the right to resign at any time, by serving notice or by compensating the employer with salary in lieu. It is an offence for employers to disallow employees to leave their job.
- Further, the Supreme Court has declared in the judgment of the case titled as Sanjay Jain versus National Aviation Company of India Ltd, , that to resign is a right of an employee who cannot be forced to serve in case he is not willing until and unless there is some stipulation in the rules or in the terms of appointment or disciplinary proceedings is pending or contemplated which is sought to be avoided by resigning from the service.
- Hence, if any disciplinary enquiry is going on against that employee, then only an employer can reject the resignation of an employee.
- Since, there is no enquiry now , then they cannot refuse to relieve you and to issue a Relieving letter
- Legally, in government job , the notice period is 90 days , and further you may be called by the competent authority to explain the reasons for the resignation , and thereby they will issue a Relieving letter to you.
Dear client,
Relieving Order: To obtain a relieving letter, you should follow the internal processes and procedures outlined by your organization. Typically, you need to clear all pending issues, including any disciplinary matters, before obtaining a relieving letter. This might require addressing the committee's concerns and ensuring there are no outstanding issues.
Disciplinary Action: The disciplinary action that can be taken may depend on your organization's policies and the severity of the alleged violation. It could range from a warning to more severe measures like suspension or termination, depending on the nature of the complaint and the policies in place. It's important to review your organization's HR policies and regulations to understand the potential consequences.
Apology Letter: Your written apology letter might be a positive step towards resolving the issue. It's essential to demonstrate your willingness to cooperate and address the situation amicably.
Ultimately, the specific outcome will depend on your organization's policies, the nature of the complaint, and your efforts to resolve the matter.
You can send the legal notice to the institute and id not given the same can proceed with appropriate legal step
disciplinary action can only be contested can’t be avoided
