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SAnswer No. However, give full details of the case and whether chargesheet is filed or not
This is a grey area as the question itself asks only Yes/No only. However, if details of cases lodged are found during verification, Appointing Authority may consider this as “suppression of relevant information” and cancel the appointment.
There are various SC/HC judgements on both sides of the spectrum. In one judgement, the SC has sided with the candidate who answered NO. But, each case has its own micro-context, hence, it is better not to take a risk.
If you are acquitted, then the appointment stands. Even if you are convicted, the Appointing Authority can take a liberal stand depending on the nature of the case (key term here is moral turpitude, eg, if you are caught driving without a helmet, a case may be filed by police under relevant sections, but such cases are considered trivial so it doesn’t impact appointment)
PS- Not a lawyer but have handled plenty of C&A verification cases, including cases similar to the one mentioned by OP.
STechnically Correct. But ask for the HR Policy nonetheless. If they are not sharing the document or not directing you to the document, then you have the upper handSHR policy changes are simply uploaded on a portal and usually not intimated to employees individually. That being said, ask HR for a copy of the Policy.Also, Policy cannot override the terms of appointment. Change in the terms of appointment requires that an employee’s acceptance should be taken again.
That being said, there is not much that you can do if you want proper relieving documents.
You mentioned, offer letter, offer letter is not a document that can be relied on here. You have to refer to the “Appointment Letter” – that is the employment contract between you and your employer. Offer of Appointment is just an Offer (this is the practice in private company, practices are different in government companies)
SHR Professional here.
You have done well to send an email. 7 days before the LWD, I would suggest that you send an email to Manager keeping HR in CC stating that resignation is not yet approved and “requesting” that the needful be done. Also, request HR to intimate all exit formalities in advance.
If termination workflow is not approved on the day prior to LWD, send another reminder email. In this email, specify the clause of the appointment letter which states the notice period that is required to be served, state outright that this condition has been fulfilled. Hence, HR should give intimation of exit formalities.
On LwD, if workflow is still not approved, write the third reminder, repeat the points mentioned earlier. State that obligation to serve notice period is completed and hence, you will not be coming to Office from the next day. Again ask HR to specify exit formalities. Keep the Head (HR) and Head of your department in CC and if required, MD/CEO also.Usually, this approach works.
Of course, if HR or your manager are a$$holes, no amount of documentation is truly enough. But from a legal standpoint, you would have shown enough proof that you tried your best.
