Resignation/termination of service during rule 16 chargesheet as a probationer in department of posts
1 Answer
Dear Client,
Under the DoPT’s own instructions, Rule 5(1) of the CCS (Temporary Service) Rules, the statutory route for a temporary government servant to sever service by one month’s notice, and that notice is different from a normal resignation. If you submit a letter that does not clearly invoke Rule 5(1), it is treated as a resignation, which needs acceptance by the appointing authority. The probationers are not specifically excluded from the Temporary Service Rules, but where the appointment letter itself contains a specific clause for termination during probation without notice, it is desirable to act under the appointment letter. Hence, if your appointment order for Postal Assistant says termination during probation is to be dealt with under the appointment terms, the SSP can refuse to process your paper as a Rule 5(1) notice. A resignation becomes effective only when it is accepted and the employee is relieved and that resignation may be declined where acceptance is not in the public interest. In situations where disciplinary proceedings are pending, resignation is carefully examined, and when a temporary Government servant gives a proper Rule 5(1) notice, the normal resignation-acceptance instructions do not apply.
If you are a temporary Government servant covered by the CCS Temporary Service Rules, then a valid Rule 5(1) notice is a termination notice and not a request for mercy, and is meant to work by notice. But if you are a probationer against a regular post and your appointment order governs termination during probation, DoPT’s instruction is to use the probation/appointment clause, not Rule 5(1). The SSP can reject or refuse to treat it under Rule 5(1) if you are not actually covered by that rule. Therefore, check your appointment order and service book, do not rely on Rule 5(1) unless the appointment letter specifically allows it. File a clear resignation asking for a speaking order if they refuse. I hope this helps. If you have any further queries, please feel free to contact.