Legal Question in Construction Law in India
i have filed a writ petition before high court against state government on being termibnated from my jod during my probation .The government contended that my appointment was illegal , as one of the criteria prescribed in the advertisment was found to be not sufficient or according to the policies formulated by the government for such appointment.I file a writ petition throuh an advocate in the high court challenging my termination order .the high court after hearing both the parties ,passed on order directing the state government to review the documnets submitted during thetime of appointment. and to pass an speaking order ,any if any irregualrities is detected then to terminates me expeditiously or according to law. i am not satisfied with the order passed by the writ court as my contentions is that ,being termination during my probationary period,is not valid .Th at the goverment has not followed the p[rocedure accordiongly with the rules taht is applicable for probationer as such my termination ab-initio is illegal.pls help me to reinstated my self in the job.probartioner
2 Answers from Attorneys
the order is in your favour.If the court has asked them to examine the document and pass a speaking order in accordance with the law then you may be reinstated and if they still terminate you you are at liberty to challenge the order.If you want you can file a appeal against the HC order
06.04.2014
Dear Sir / Madam,
You should not be under the wrong notion that termination during your probationary period is invalid. Any wrong deed or unlawful act committed during the course of your employment, be it during the probationary period or thereafter renders you liable to investigation and termination thereafter, if such deed or act is proved.
Regards,
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