Hi all seniors,
Can anyone tell me who will provide proof of clearance of the probation period that was granted by the court in a judgment?
I need the probation clearance proof to successfully complete my probation with the corporation where I am employed. Will this proof be provided by the police or another entity?
Thank you.
Can anyone tell me who will provide proof of clearance of the probation period that was granted by the court in a judgment?
I need the probation clearance proof to successfully complete my probation with the corporation where I am employed. Will this proof be provided by the police or another entity?
Thank you.
Dear Kuldeep Singh ji,
You are an HR professional, and your question pertains to proof of clearance of the probation period. Your query is related to the probation period governed by the Probation of Offenders Act, rather than any of the HR (Labour) Acts. This forum focuses solely on the probation period in the context of service or employment.
As I have a background in Law, I can provide an answer.
The Probation of Offenders Act allows for the release of offenders following admonition or during a probation period, along with matters connected thereto. This release is contingent on good conduct, as an alternative to sentencing the offender to imprisonment. The court is empowered to release offenders based on confidential reports submitted by Probation Officers and may also require the released offender to pay compensation and costs.
In my opinion, the court that granted you probation will issue a clearance certificate, not the police.
I acknowledge that my response is based on past studies, and I am not currently a practicing lawyer, so I may not be aware of the procedural specifics. Corrections or clarifications are welcome.
Sincerely,
[Your Name]
From India, Mumbai
You are an HR professional, and your question pertains to proof of clearance of the probation period. Your query is related to the probation period governed by the Probation of Offenders Act, rather than any of the HR (Labour) Acts. This forum focuses solely on the probation period in the context of service or employment.
As I have a background in Law, I can provide an answer.
The Probation of Offenders Act allows for the release of offenders following admonition or during a probation period, along with matters connected thereto. This release is contingent on good conduct, as an alternative to sentencing the offender to imprisonment. The court is empowered to release offenders based on confidential reports submitted by Probation Officers and may also require the released offender to pay compensation and costs.
In my opinion, the court that granted you probation will issue a clearance certificate, not the police.
I acknowledge that my response is based on past studies, and I am not currently a practicing lawyer, so I may not be aware of the procedural specifics. Corrections or clarifications are welcome.
Sincerely,
[Your Name]
From India, Mumbai
Thank you for your response, Keshav Ji.
I would like to inform you that the court has not appointed any probationary officer and I was relieved after a penalty and one year probation under the provisions of Section 4(1) of the Probation Act. My probation period has now been completed, and I have reached out to both the public prosecutor and an advocate. However, they have mentioned that the court will not issue such a certificate. They emphasized that a police verification is sufficient for this purpose, as the court's role is primarily for justice and not for issuing certificates.
I understand that this matter may not be directly related to HR, but I believe HR personnel should be aware of it.
Could you please clarify if courts fall under the Right to Information (RTI) act? I intend to submit a request under RTI to determine whether the court will provide proof of probation clearance. If so, I would like to know the procedure to obtain it.
Thank you.
I would like to inform you that the court has not appointed any probationary officer and I was relieved after a penalty and one year probation under the provisions of Section 4(1) of the Probation Act. My probation period has now been completed, and I have reached out to both the public prosecutor and an advocate. However, they have mentioned that the court will not issue such a certificate. They emphasized that a police verification is sufficient for this purpose, as the court's role is primarily for justice and not for issuing certificates.
I understand that this matter may not be directly related to HR, but I believe HR personnel should be aware of it.
Could you please clarify if courts fall under the Right to Information (RTI) act? I intend to submit a request under RTI to determine whether the court will provide proof of probation clearance. If so, I would like to know the procedure to obtain it.
Thank you.
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