Hi...All the seniors. Can anyone tell me that who will give the proof of clearance of the probation period which is given by the court under a judgement.
Who will give the probation clearance proof either or police... B'coz I need that clearance to clear my probation with the corporation where I am working.
Who will give the probation clearance proof either or police... B'coz I need that clearance to clear my probation with the corporation where I am working.
Dear Kuldeep Singh ji,
You are HR guy and your question is on proof of clearance of probation period. Your question is on probation period which is under the Probation of Offenders Act and not under any of the HR (Labour) Act. This forum will understand only the probation period in the service or employment.
Since I have studied Law I can answer you.
The Probation of Offenders Act provides release of offenders after due admonition or on probation period and for matters connected therein. This release is for good conduct instead of sentencing the offender to imprisonment. The court has power to release the offenders on the basis of confidential report by Probation Officer. The court has a power to require released offender to pay compensation and cost.
Answer to your question according to me is, the court which released you on probation period only grant a clearance certificate and not police.
I may be wrong. My answer is based on the study I did long back. I am not practicing lawyer to know the procedural aspect. Any body can correct me.
From India, Mumbai
2556You are HR guy and your question is on proof of clearance of probation period. Your question is on probation period which is under the Probation of Offenders Act and not under any of the HR (Labour) Act. This forum will understand only the probation period in the service or employment.
Since I have studied Law I can answer you.
The Probation of Offenders Act provides release of offenders after due admonition or on probation period and for matters connected therein. This release is for good conduct instead of sentencing the offender to imprisonment. The court has power to release the offenders on the basis of confidential report by Probation Officer. The court has a power to require released offender to pay compensation and cost.
Answer to your question according to me is, the court which released you on probation period only grant a clearance certificate and not police.
I may be wrong. My answer is based on the study I did long back. I am not practicing lawyer to know the procedural aspect. Any body can correct me.
From India, Mumbai
Thanks for ur reply Keshav Ji,
But I want to tell you that court has not appointed any probationary officer and relieved after penalty & one year probation under provision of 4(1) of probation act. But now probation period has been completed so far and i approached to both public procecutre & advocate but they are stated that court will not issue such kind of certificate however police verification is enough for this purpose as the court is meant for justice not for issuing certificate.
Sir, I know that its not related to HR but it should be in knowledge of HR personnels.
Sir plz tell me that courts comes under RTI or not, so that I can give a request under RTI to know that the proof of clearance of probation will be given by court or not if yes then what is the procedure to get it.
Thanks
But I want to tell you that court has not appointed any probationary officer and relieved after penalty & one year probation under provision of 4(1) of probation act. But now probation period has been completed so far and i approached to both public procecutre & advocate but they are stated that court will not issue such kind of certificate however police verification is enough for this purpose as the court is meant for justice not for issuing certificate.
Sir, I know that its not related to HR but it should be in knowledge of HR personnels.
Sir plz tell me that courts comes under RTI or not, so that I can give a request under RTI to know that the proof of clearance of probation will be given by court or not if yes then what is the procedure to get it.
Thanks
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Legal Clarification on Severance Dues & Probation Period.PDF
Period of training shall be counted for the calculation of gratuity-HIGH COURT JUDGMENT.doc