Advocate G S Sharma

Questions Answered by Advocate G S Sharma

Q: Rejoining in crpf after resign in training time

Respected Sir, I joined CRPF on 27 September. At the time of training, I got selected for some other post. That's when I wrote my resignation letter. It took 20-25 days for the resignation letter to be accepted. The resignation letter was accepted but they gave my original documents after two days due to which I was deprived of getting the documents verified for the second post. My resignation letter was accepted on 1 November. I talked to the department and wrote a letter to them for rejo

Advocate G S Sharma answered
After resignation acceptance you can’t claim for rejoining, because after accepting the resignation the post automatically lapsed and the salary budgeted also lapsed.You can request to authorities for reconsidering but it is solely discretion of the authorities for considering or not.

Q: Termination from Company and rehiring

6 years ago One MNC Company Terminate me due to violation of Code of conduct ( Long absenteeism). One Criminal Case Registered on me ( 304B,498A)Company give me assurance when i will discharged from charges by court than he will rehiring me. Last year in nov 23 i was discharged by court and same intimate to company but they will not respond me. What is legal option open for me. please suggest.

Advocate G S Sharma answered
You should go before conciliation officer in Labor Department for conciliation proceedings, then Department will issue the notice to the company to appear in the proceedings.If the conciliation failed then the conciliation officer will refer the matter to the labor court under section 10 of ID Act for adjudication and trials along failure report.

Q: Can Compassionate Appointment be given to the widow by state govt

a widow is charged in the murder case of her husband who was a state govt. employee. After police investigation, FR for closure of case submitted by the police authorities in the court by giving clean chit to the widow. Now the petitioner has appealed against FR and the case is under progress. Can Compassionate Appointment be given to the widow by state government ?

Advocate G S Sharma answered
No She can not entitled for an Appointment, During the pendency of Case in court, But if Court Declared Acquittal than She Is entitled for appointment. But if the trial court Declared Acquittal, Than also we have a remady against acquittal, we can filed Appeal in High court, and can also file an application for staying the Appointment During the pendency of Case.