• Resignation by an employee on probation

Sir, i was appointed as a ahlmad in District and sessions court hoshiarpur on 31/05/2014 ,posted at garhshankar.i have applied for another job prior to this department in 2013 on which a writ case was going on.In between my old applied job case get solved and  after 11 months of job in court i put a resignation by defining my new department and request to releive me that is on 16/05/2015.i take this resignation by hand to district courts but the official their told me that an enquiry of document lost is pending against you so how resignation could be accepted, so by the advice of a advocate i gave a written statement that i will appear in that enquiry case whenever the court requires me and stapple it with the resignation letter and came back.The next day 17/05/15 was sunday.So on 18/05/15 i appear at my duty in garhshankar court,where the presiding officer told me that now we have no relation as you gave your resignation. So i ask my officer that am i free now, she a lady judge said yes.i again ask that if i need to give any leave or anything. She said no.you can left your charge now.so a charge letter was typed by steno and the lady judges called both the ahlmad inside and charge letter wad signed by me of relinquishing the charge and was then signed by another ahlmad who was taking the complete charge after then it was signed by the presiding officer and was sent to district courts hoshiarpur.after that i came back home, and within two days i joined the other department and also sent a dd amounting rs 31000 to district courts hoshiarpur in support of my resignation .after some days a letter came to my house from garhshankar court that your resignation is not accepted and to join the duty immediately.but how could i now, so i replied to them as my presiding officer relieved me and i also do not wish to rejoin.after one week my presiding officer made a false absent report and the session judge opened a preliminary enquiry at garhshankar for wilful absent from duty in which i appeared.The other inquiry of document lost i also appeared and i was exonerated, which is now at sessions judge for final order.But this enquiry of wilful absent at preliminary stage i appeared and all witnesses were in my favour and as i fulfilled all the conditions of resignation like one month salary, i have been held guilty.Sir i need a advice that what should i do to get rid of this problem.As i dont want any problem in my new department.what can they do i mean what will be the punishment or how i could be saved.
Asked 8 years ago in Civil Law

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3 Answers

Dear Friend,

It seems that people at Garhshankar court have some personal vendetta with you - however as you have paid through DD and also would be having the releiving report , on the basis of maximum possible documents on your hand please file a Writ in the High Court to get the solution to the problem or else you will be in a catch 22 situation.

Best of Luck

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

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it is necessary to peruse the order passed by sessions judge holding you wilfully absebt from duty

2) it is true that presiding officer accpted your resignation but if district court did not accept your resignation you ought to have rejoined duty

3) if you fail to rejoin duty you cna be marked as wilfully absebt

4) you should contact a local lawyer and file appeal against order holding you wilfully absent .

5) draw attention to fact that P0 accepted your resignation and you handed over charge as per directions of P 0

Ajay Sethi
Advocate, Mumbai
96147 Answers
7735 Consultations

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But this enquiry of wilful absent at preliminary stage i appeared and all witnesses were in my favour and as i fulfilled all the conditions of resignation like one month salary, i have been held guilty.Sir i need a advice that what should i do to get rid of this problem.As i dont want any problem in my new department.what can they do i mean what will be the punishment or how i could be saved.

You can take up this matter with high court by filing a writ petition seeking relief of justice and proper relieving letter.

All the documentary evidences in your support including the details of payment of notice period should be annexed to yor writ petition and seek for proper relief

T Kalaiselvan
Advocate, Vellore
86347 Answers
2293 Consultations

5.0 on 5.0

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