One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: If you resigned from a central government job during training, you should select "No" when asked if you were "discharged/expelled/withdrawn" from training. A resignation is a voluntary act — it is not a disciplinary discharge, expulsion, or a forced withdrawal. Answer honestly and be ready to submit your resignation acceptance letter as proof.
Key Facts of the Case
- The client joined a central government service and underwent training at a government institute.
- After just three months, the client voluntarily resigned from the post.
- The employer accepted the resignation and issued a formal relieving order.
- On a new government job attestation form, the column asked: "Whether discharged/expelled/withdrawn from any training: Institution under the Govt. or otherwise?"
- The client was unsure whether to answer "Yes" or "No" given their past resignation during training.
- The office of Advocate Sudhir Rao clarified that resignation is a voluntary termination, not a disciplinary expulsion or withdrawal—so the answer was "No."
- The attestation form was completed correctly, and the client's application proceeded without issue.
The Direct Legal Answer
What should I select — "Yes" or "No" — if I resigned during training?
Select "No". A resignation is a voluntary decision made by you. The words "discharged," "expelled," and "withdrawn" all imply an action taken by the institution against you—whether for disciplinary reasons, failure to meet standards, or other administrative grounds. Since you resigned, the institution did not force you out. So the correct answer is "No."
What if I still feel it is suspicious?
Don't worry. Attestation forms are designed to catch disciplinary issues or incompletions beyond your control. A resignation—especially after just three months—is not a black mark. You can always attach a brief explanation and a copy of your resignation acceptance letter to clarify the situation. Honesty is key.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Second, gather all your documents before you fill any form. That includes your resignation letter, the employer's acceptance, and relieving order. These will be your evidence if anyone questions your answer later.
Third, this type of matter may seem simple, but it involves nuanced questions of service law and attestation rules. A general practitioner might not know the difference between a voluntary resignation and a discharge. Domain-specific experience matters here—it makes the difference between a form that sails through and one that invites unnecessary scrutiny.
Applicable Sections of Law
This question falls under service law and the general principles of contract. Under the Indian Contract Act, 1872, Section 5 governs the revocation of a proposal (your resignation). Your resignation is your unilateral decision to end the employment contract. It is not a disciplinary termination. Also, the Central Civil Services (Conduct) Rules and the relevant central government recruitment rules specify what constitutes a "discharge" or "expulsion" for attestation purposes—voluntary resignation is explicitly excluded from those terms. So the law supports your "No" answer.
Punishment and Penalties
This is not a criminal case. There is no punishment or penalty involved. The question is purely about filling an attestation form correctly for a government job. However, if you deliberately lie on an attestation form, it could lead to disqualification from the recruitment process or, in extreme cases, action under the Indian Penal Code for furnishing false information. But that is rare and only applies if you intentionally misrepresent facts.
Jurisdiction — Where to File the Case
No court case is needed here. This is about self-help: filling a form. If a dispute arises later—for example, if a department rejects your form claiming you answered incorrectly—you would approach the Central Administrative Tribunal (CAT) for service-related matters. For criminal complaints regarding false attestation, the jurisdictional police station would be where the form was submitted. But for now, there is no case to file.
If You Are the Victim
- Read the attestation form carefully—understand every column before answering.
- If you are unsure, do not guess. Ask the recruitment authority or consult an advocate.
- Always keep a copy of the filled form and all supporting documents.
- If the department challenges your answer, you can provide the resignation acceptance letter and a brief explanation.
- Remember: a resignation during training is not a crime or a disciplinary action; do not let it stress you.
Documents You Must Keep Ready
- Aadhaar card or other government-issued identity proof
- Resignation letter submitted to your previous employer
- Acceptance/relieving order from that employer
- Training completion or non-completion certificate (if issued)
- Copy of the attestation form you are filling
- Any correspondence with the recruitment authority
- PAN card or voter ID as secondary proof
What Evidence Is Required?
- Primary evidence: Your resignation letter and the employer's acceptance letter show it was voluntary.
- Secondary evidence: Relieving order, no dues certificate, and any exit interview documents.
- If the form is online, keep screenshots or printed copies of your submission.
- Witness testimony is not typically needed for such simple attestations.
- In case of a dispute, your own affidavit explaining the chronology of events can help.
- Original documents are best; keep certified copies if originals are lost.
How Courts Typically Approach Such Cases
Service tribunals and courts do not treat simple attestation questions as major issues. They focus on whether you acted in good faith. If you answered "No" based on a genuine understanding that resignation is not a discharge, the court will side with you. But if you lied—for example, you were actually expelled but called it a resignation—the consequences can be severe. Honesty and documentation are your best allies.
Timeline of Legal Process
- Step 1: Fill the attestation form and answer "No." Submit it along with your application.
- Step 2: If the recruitment authority questions your answer, you will receive a notice (usually within 2-4 weeks).
- Step 3: Submit a written explanation with your documents. This may take another 2-4 weeks.
- Step 4: If the matter is not resolved, approach the Central Administrative Tribunal. Filing a case there takes about 1-2 months for the initial hearing.
- Step 5: The tribunal usually disposes of such matters within 6-12 months if no complex issues arise.
- Step 6: Appeal to the High Court only if needed—this can take 1-2 years.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, most attestation disputes are resolved administratively—the recruitment authority will accept your explanation and documents. No court is needed. Even if it reaches a tribunal, mediation is possible under the Legal Services Authorities Act. You can also approach a Lok Adalat for a pre-litigation settlement if the other side is willing. Settlement is always advisable when the issue is simply a misunderstanding—it saves time, money, and stress.
Common Mistakes People Make
- Answering "Yes" out of fear, which then requires a lengthy explanation and creates unnecessary suspicion.
- Not keeping a copy of the resignation acceptance letter—key evidence that you left voluntarily.
- Discussing the matter with the opposite party or recruitment officer without a legal representative present.
- Posting about the situation on social media—this can be used against you later if the case becomes formal.
- Engaging a lawyer who does not regularly handle service law or attestation issues. These matters have specific procedural nuances and evidentiary standards that a domain-specific advocate understands better.
- Delaying the response when the authority asks for clarification. Timely replies show you are serious and honest.
FAQs People Normally Have
Will answering "No" cause problems later if my previous employer says I was "discharged"?
No, because resignation and discharge are legally distinct. Your resignation letter is proof. If your employer misstates it, you can produce the acceptance letter to correct the record.
Can the new employer reject my application for having a "short tenure" in a previous job?
Technically, yes, if the recruitment rules include such a ground. But that is a separate decision based on your overall profile, not on the attestation form. Three months of service is unlikely to be disqualifying unless the rules explicitly say so.
What if I am asked about this in a personal interview?
Be honest and brief. Say: "I joined the service, realised it was not the right fit, and resigned voluntarily. Here is my resignation acceptance letter." No need to elaborate.
Is it better to admit "Yes" and then explain?
No. That is legally incorrect and unnecessarily complicates your application. Stick with the truth: resignation is not a discharge.
Can I change my answer later if I made a mistake?
Yes, most recruitment processes allow you to submit a correction if the final selection has not been made. But do it as soon as you notice the error. Attach a covering letter explaining the correction.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India