Intentional harassment by the employer
RITESH RANJAN
(Querist) 28 August 2016
This query is : Resolved
Learned Sir/Madam, I serve a Central Govt. dept. and at the time of event was residing alone at my place of service. Recently in the month of May, I had to depart to my hometown due to severe sickness, as hospitals here denied to admit me without any attendant post which, I departed after giving intimation in this regard to my Controlling Officer via SMSs and conveyed verbal communication through his Work Assistants in this regard with a humble prayer to Condone my Absence also. In response to an RTI, he has admitted to receive the communication but, refused to confirm the date of receipt, which can be easily verified by the SMSs and testimony of those Work Assistants. Even after that, he issued a Memorandum reg. Unauthorized Absence and sent it to my permanent address. I don't contradict this. But, what has hurt me immensely is his act of pasting the same on my Govt. residence at my station of service, which has caused grave defamation and extreme sense of humiliation to me. Kindly guide 1. Whether the act of pasting the letter on my residence was good and justified in the eyes of Law? 2. What are options available before me in such conditions? Please help.
I shall remain grateful.
Raj Kumar Makkad
(Expert) 28 August 2016
Forget this episode like a bad dream as this is part and parcel of the service field may it be private or government. Neither you have any option to initiate any action nor was it desired on the part of the concerned official though this is allowed in law.
RITESH RANJAN
(Querist) 28 August 2016
Respected Sir, You are right that such episode should not be borne in mind for ever, but, sad part is that it's not a matter of just an EPISODE, a whole SERIAL of harassment is going on. During the cited event they stopped payment of my arrears,Performance related Incentives etc. even when clear orders regarding release of the same were issue and when was asked through an RTI application, they could not show any order pertaining to stop/post-pone/delay my arrears.They even failed to provide approval of the Competent Authority to post the subject memorandum on my quarters under the RTI.
adv.bharat @ PUNE
(Expert) 28 August 2016
No the act of officer amount to defemation since u had send SMS and conveyed personal message through his assistant.
Ritesh u need to give notice through lawyer for act of authority which destroyed your social image due to such act.
If u like my solution then give THANK on my profile.
RITESH RANJAN
(Querist) 29 August 2016
Respected Adv. Bharat Sir, Kindly go through Adv. Raj Kumar Makkad Sir's reply/advise of which the LAST six words bear the most significance. WHETHER THE ACT OF PASTING THE MEMORANDUM WAS RIGHT IN GIVEN CIRCUMSTANCES AND HAS SOME ADMINISTRATIVE PROVISIONS (CCA) AS ITS BASE ? If YES, then I have to forget all this BUT if NO, I will definitely proceed to legal means for justice with some basic knowledge from your kind and experienced side. Please guide.
RITESH RANJAN
(Querist) 29 August 2016
Learned Experts,
Please note, the Officer didn't wait for even 15 days, neither he tried to contact me over phone which is readily available with him in the Casual Leave Register nor through the e-mail. Further, when asked through an RTI to kindly provide copy of Rules/Provisions subscribing which the subject Memo was pasted on my residence, they failed to provide. Now kindly decide and guide the matter in view of the above facts and circumstances.
I shall remain grateful.
Dr J C Vashista
(Expert) 29 August 2016
There are some vital information missing from this post such as;
What was the need to affix the memo at your government accommodation, if you have intimated through SMS/Work assistant regarding your move to your home town for treatment?
What is the information/document sought by you in your RTI application, wherein in reply the controlling authority has admitted SMS qua your leaving duty station for treatment?
You have just informed your leave of absence,(if your statement is taken to be correct) has it been granted? If yes, no such memo shall be issued and it can be challenged and set-aside, which cannot be actual case. The factual situation is that you have not got leave sanctioned accordingly the authority have issued memo of un-authorised absence.
Is it correct that the government hospital do not allow attendant for patient admitted for treatment and do not have facility/ speciality/department (of your ailment) in the place of your posting, whereas it is available at your hometown?
Prima facie it is a hypothetical query. Consult a local prudent lawyer for proper appreciation of facts, guidance and proceeding, if it is a practical/true story.
Guest
(Expert) 29 August 2016
Dear Ritesh,
It seems, instead of fighting for the real problem of unauthorised absence, you have decided to touch the hornets nest to invite more problems from the authorities for you.
I can't contribute to the advice of Adv. Bharat Patel, as that may bring in more troubles for you officially. Initmation given verbally or by SMS has no relevance. Grant of station leave on formal application by you was a must for leaving the station and for remaining absent from duty, sanction of prmissible kind of leave by the competent authority was a must before proceeding to your home town. If an employee does not observe the process prescribed under rules, that falls within the scope of misconduct of an employee tending to disciplinary action by the competent authority.
The main issue is your unauthorised absence. You have made a mention about intimation by SMS and verbal, but you have nowhere mentioned whether you even applied for leave or not, what to say of getting that formally sanctioned by the competent authority.
About legality of pasting a notice on the door, when notices issued to an employee at his last known address are returned by the postal authorities with remarks of house locked or addressee not available, the authorities are empowered to paste notice on the door to fulfill the formality of the notice having duly been served to the employee. So, there is nothing illegal in that process.
If there is any truth in your story, you may better concentrate on the aspect of how to tackle the issue of unauthorised absence that can tend to your termination, removal or dismissal from service, if proved, as the charge sheet is likely to be issued to you if not served as yet. Shri Raj Kumar Makkad has rightly to forget the episode that notice was pasted on your door that hurt you.
Due process adopted by authorities cannot in anyway be treated as intentional harassment. However, if you are eager to take legal route, you may use your own wisdom with proper thought, if you can spare enough money, time & energy for years together of fighting a legal suit against the authorities.
Best of luck!
Guest
(Expert) 29 August 2016
Mr. Ritesh,
Your statement, "Please note, the Officer didn't wait for even 15 days, neither he tried to contact me over phone," is quite strange.
Why do you feel that the authorities were obliged to contact you on phone just to remind you about your absence?
Do you feel that you are a VIP figure that the authorities must contact you on phone, if they are adopting due process, as preascribed in the Leave Rules, CCS (Conduct) Rules, and the CCS (CCA) Rules?
Also, under which rule, do you think the officer was obliged to wait for 15 days and for what purpose?
During employment, you must not at any time forget about your own status, presently a translator in your organisation.
RITESH RANJAN
(Querist) 29 August 2016
Respected Shri P.S. Dhingra Sir, Heartfelt Thanks for your eye opening guidance. I shall abide by Respected Raj Kumar Sir's advise. Thanks to all learned experts for sparing their valuable time and invaluable expertise with experience.
I shall remain grateful.
Namaste
Guest
(Expert) 29 August 2016
You are welcome.
Kumar Doab
(Expert) 29 August 2016
You have been counselled by senior Experts Mr. Raj Kumar Makkad, Dr. J.C. Vashista, Mr. P.S.Dhingra and you have agreed.
You seem to have built some record to defend you thru RTI. Certainly defend your employment.
It is your own wish to download further as suggested by Dr. Vashista 'the controlling authority has admitted SMS qua your leaving duty station for treatment', if you are perturbed.
You may refer to your another illustrated thread, link of which is given below and only one line is being posted from that thread:
http://www.lawyersclubindia.com/experts/non-grant-of-full-wages-against-suspension-period-even-after-quashing-of-the-proceedings-603106.asp
'The authority shall refer to its rule book and practices.'
In the matter posted in above mentioned thread expert Shri P.Venu counselled you personally.
Your obligation is to inform properly and
prefer email/Redg. Post.
Avoid carrying aftertaste of previous matters and raking up another controversy and another dispute.
Don't err time and again.
Rajendra K Goyal
(Expert) 29 August 2016
1. Whether the act of pasting the letter on my residence was good and justified in the eyes of Law?
Ans: Yes valid as per procedure.
2. What are options available before me in such conditions?
Ans; If any explanation, memo received, reply politely after consulting service law expert.
Further :
a). Any SMS / verbal communication was to be followed by written request, Have you sent such request immediately?
b). Have you informed in writing while leaving station?
c). Have you submitted your leave application supported by acceptable medical certificate after visiting doctor?
d). Have you tried to get sanctioned / regularize your sick leave and station leave as per procedure from concerned authority.
e) Have you tried to inform / discuss with your officer regarding your problem faced in local treatment, before leaving station?
Employee has to keep decorum and follow procedure, if authority sometime ignore / oblige, it is not right / rule for employee, fact is service rules.
I agree with the advice from expert raj kumar makkad and PS Dhingra, Kumar Doab, Dr. Vashishta ji.
RITESH RANJAN
(Querist) 29 August 2016
Respected Shri Kumar Doab Sir, With ref. to your valuable comment, it is to inform that, after submission of my representation there has been no development from the Competent Authority's part. Further, it is to add my heartfelt gratitude towards Shri Venu Sir for his kind and precise guidance which he has extended personally and for sure I will make him and you all experts know the outcome of the process which I hope should be a positive one. I understand your view and regard your kind guidance. I will try my best to adopt situation around me, but Sir sometimes it becomes very hard to digest arbitrary and unwarranted acts. In this instant case, don't you agree it was more than suffice to send the Memo to my permanent address. Further, when I asked through the RTI that to provide the Rules/Provisions subscribing which he has pasted the letter, he failed. No proceeding in this regard started at all, the leave has also been regularized immediately as the Superior Authority understands all. It's just a vexatious act by the Controlling Authority on his personal part, misusing his office.
Kumar Doab
(Expert) 29 August 2016
It is not a unknown fact that person in the chair develop their own tastes, whims and fancies and gain 'Euphoria' from their tantrums.
Employee should learn to not to lower his guard like a seasoned sportsman whether the game is one to one or team to team.
You could have sent an email or letter thru Redg. post.
While the superior authority has undone the damage imagine a situation if next time or next person does not do it.
So act so as to not to lower the guard.
I have seen employees that make their vindictive authorities loose their (authorities) job, and turn them virtually into doorman (durbaan) during their notice periods, but such ones are rare..................very rare.
Employee should not adventure into those fields where they have no control on events.
Rest in individuals choice.
Rajendra K Goyal
(Expert) 31 August 2016
Leave has been regularized.
Try to forget the episode as bad dream, move ahead in the life.
Kumar Doab
(Expert) 31 August 2016
Fully Agreed.
You have posted that:
'Respected Shri P.S. Dhingra Sir, Heartfelt Thanks for your eye opening guidance. I shall abide by Respected Raj Kumar Sir's advise. Thanks to all learned experts for sparing their valuable time and invaluable expertise with experience.
I shall remain grateful.'
You have endorsed the advises of expert positively.
Remain gentle and amiable at your workplace.
In the matter posted in your other thread, as suggested by Mr. Venu also,in other thread, you could sail thru due to some personnel that were compassionate, in knowledge of all related/unrelated facts, and carried empathy and left some passage to escape.
Historically it is called as 'Priest's hole/Passage'.
Senior Expert Dr.Vashista has posted a striking observation:
"Is it correct that the government hospital do not allow attendant for patient admitted for treatment and do not have facility/ speciality/department (of your ailment) in the place of your posting, whereas it is available at your hometown? "
You have been counselled by seasoned and Senior Experts Mr. Raj Kumar Makkad, Dr. J.C. Vashista, Mr. P.S.Dhingra, Mr. Rajendar K Goyal.
Tie a knot and don't lower your guard.
Kumar Doab
(Expert) 03 October 2016
You have probably duly submitted to authority that: criminal case registered against you and it ended in an acquittal on account of compromise between the parties involved in the criminal case.
So it might be a ground for considering it as 'Honorably Acquitted'.
Are you cleared of the charge as of now that you discussed in other thread;
http://www.lawyersclubindia.com/experts/non-grant-of-full-wages-against-suspension-period-even-after-quashing-of-the-proceedings-603106.asp
RITESH RANJAN
(Querist) 04 October 2016
Respected Kumar Doab Sir and all Learned & Kind Sirs,
Yes, I have submitted my humble representation to the Competent Authority in light of the expert guidance provided by you all. Still, I am waiting for the outcome. Though, it has become due by now but, as the Competent Authority is due to retire in next month and shall visit my office for a function related to my official duties. I am expecting some good result by then. I will surely let you and this forum know about the happenings.
Heartfelt regards to you all,
Yours sincerely,
Ritesh Ranjan
Kumar Doab
(Expert) 04 October 2016
I have replied to you at:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=138201&offset=3
http://www.lawyersclubindia.com/experts/non-grant-of-full-wages-against-suspension-period-even-after-quashing-of-the-proceedings-603106.asp
