• Will dismissal from 3 years contract in a central government organisation disqualify from future permanent employment in govt?

I (female employee) had given a complaint against a colleague for misbehaving to me. That employee was supported by the management and given promotion. As a part of grievance i put a comment in unofficial employee welfare group for promoting him without mentioning about the company name of person's name. But they initiated enquiry against me as a part of retaliatory action and put me under derostering. If they are terminating me from service, will it affects my future permanent recruitment oppurtunities in government?. Is it better to give resignation before dismissal? Please provide me with the better solution
Asked 21 days ago in Labour

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9 Answers

Yes it may affect a little but resignation is not a solution. Resignation will prove that you are guiilty. They can’t terminate you citing above reasons

Prashant Nayak
Advocate, Mumbai
32947 Answers
209 Consultations

it is better to resign before your dismissed from service

Your dismissal from service would affect your future employment prospects 

Ajay Sethi
Advocate, Mumbai
97624 Answers
7902 Consultations

No doubt this is a temporary and contractual employment but the disciplinary action taken against you will have the same impact.

If getting an appointment in future on the basis of the experience of this employment, this will reflect in the background verification report.

Therefore you can take a decision accordingly.

T Kalaiselvan
Advocate, Vellore
87818 Answers
2365 Consultations

Termination of contract on any grounds will not have any impact on any fresh contract or any future employment. Implication of contract ends with discharge of contract by rescind in any manner. Only if employment is permanent it will bar from future employment. But it safe to resign with honour. 

Ravi Shinde
Advocate, Hyderabad
4492 Answers
42 Consultations

Your situation involves potential retaliation and workplace discrimination, so you must proceed carefully. Here’s how to address this issue:

1. Impact of Termination on Future Recruitment Opportunities:


  • Private Sector Termination: If you are terminated from your current role in a private company, it typically will not impact future government recruitment unless there is a serious legal or criminal case involved.

  • Government Sector Recruitment: While most government recruitment processes involve character verification, they focus on criminal records rather than terminations from private employment. However, disclosing the termination in the employment history could still create challenges.

2. Resignation vs. Termination:


  • Resignation:

    • If you resign voluntarily, it avoids a dismissal record in your employment history.
    • However, resigning without challenging the retaliatory action may signal acceptance of guilt, which could weaken your position in any future legal claims.


  • Termination:

    • If you are terminated, you can challenge the dismissal legally and cite the retaliatory action, strengthening your case against the employer.

3. Recommended Course of Action:


  • File a Complaint:

    • Lodge a formal complaint with the Internal Complaints Committee (ICC) under the Prevention of Sexual Harassment (POSH) Act, if not already done.
    • Mention that the inquiry and derostering are retaliatory actions for raising a valid grievance.


  • Engage a Lawyer:

    • Consult a lawyer experienced in labour laws to help you respond to the inquiry and draft representations.


  • Document Evidence:

    • Collect evidence supporting your case, including:

      • Records of your complaint.
      • Messages in the welfare group.
      • Any communication regarding the inquiry and derostering.


  • Raise a Grievance:

    • File a grievance with the HR department or higher management alleging retaliation.


  • Seek Mediation:

    • Consider mediation to resolve the issue amicably and protect your employment.

4. If Resignation Is Considered:


  • Negotiate a Mutual Separation Agreement:

    • Before resigning, negotiate a separation agreement ensuring a neutral reference letter, payment of dues, and no negative remarks in your employment history.


  • Provide a Neutral Reason for Resignation:

    • If you choose to resign, state personal reasons or career growth as your motivation rather than referencing the ongoing issue.

5. Future Employment:

  • Focus on building a strong professional network and maintaining good relationships with other colleagues who can provide positive references.
  • Avoid mentioning the negative experience during future interviews unless directly asked.

It’s better to challenge retaliatory actions legally to protect your rights and prevent further victimisation. Resignation should only be a last resort after consulting with a lawyer and ensuring your professional reputation is safeguarded.

Aman Verma
Advocate, Delhi
283 Answers

  1. Impact of Dismissal:

    • Dismissal may affect future government job prospects, especially during background checks.

  2. Resignation Before Dismissal:

    • Resigning before dismissal can avoid a misconduct record but ensure the resignation does not imply wrongdoing.

  3. Options:

    • File a grievance with higher authorities or the Internal Complaints Committee (ICC) for workplace harassment.
    • Approach the Central Administrative Tribunal (CAT) if the inquiry seems retaliatory.

  4. Recommendation:

    • Resign professionally if dismissal seems imminent, but consult a service law expert to evaluate the inquiry and secure your future.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
597 Answers
3 Consultations

1. Termination from a post held under the government has long term consequences in so far as future employment under state or central government is concerned. 

2. There can be no gainsaying that termination can always be challenged on the ground of procedural irregularity or mala fide.

3. Resignation before termination is a personal decision. 

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

Dismissal from a government position can significantly impact your future employment opportunities within the public sector. Here are key points regarding your situation:

Impact of Dismissal on Future Employment
1. Disqualification Consequences: According to the Central Civil Services (Classification, Control & Appeal) Rules, 1965, dismissal from service is generally considered a disqualification for future employment under the government. This means that if you are dismissed, it could hinder your ability to secure permanent positions in government organizations in the future[2][4].

2. Nature of Dismissal: Dismissal typically occurs due to serious misconduct, and being dismissed can tarnish your professional reputation. This may lead to challenges in obtaining future government roles, as potential employers may view the dismissal unfavorably[1][4].

3. Resignation vs. Dismissal: Resigning before a formal dismissal may be a better option. While resignation does not carry the same stigma as dismissal, it is essential to note that if disciplinary proceedings have already been initiated, resigning might not fully protect you from future implications regarding your employment prospects[7].

Recommendations
- Consider Resignation: If you foresee that dismissal is imminent and you believe it would negatively affect your career prospects, resigning could be a preferable choice. However, ensure that this decision is made with careful consideration of any ongoing disciplinary actions.

- Documentation*: Keep records of all communications regarding your grievance and any actions taken against you. This documentation may be useful if you need to explain your situation in future job applications or interviews.

In summary, while dismissal can severely affect future employment opportunities in government roles, resigning before such action may mitigate some negative consequences.

Gagandeep Singh Thandi
Advocate, Pathankot
68 Answers

Dear Client,

Your dismissal from service in these government organizations may adversely affect your future government-related service, given that a negative service record is bound to affect future applications for other jobs. Resignation prior to the actual dismissal does not fully absolve one of this since even the reason for the resignation may be questioned if an inquiry is still in place. The right way to reply to the inquiry would be to put forth a defense stating both your action and the aspect of vindictiveness in relation to the proceedings against you. If it appears that you are going to be terminated, consult with an advocate so that the option of applying for a grievance on application before the Central Administrative Tribunal (CAT) against any unfairness can be availed. Resignation should only be done after taking into account all the legal and professional implications.

Anik Miu
Advocate, Bangalore
10427 Answers
121 Consultations

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