Unauthorised absence from work
Ashish Jain
(Querist) 04 February 2014
This query is : Resolved
Hello
I have been charge sheeted for being on unauthorized absence (without pay)and I have been asked to present myself for the inquiry. Kindly advise me what can be the maximum consequence (other than removal from job) of the proceedings.
Thanks & Regards
Devajyoti Barman
(Expert) 05 February 2014
The service rule of your organisation is guiding factor for punishment of such offence.
Generally pay cut is made in such offences.
Rajendra K Goyal
(Expert) 05 February 2014
Look into the service rules of your concern. More depends upon the attitude and approach of the disciplinary authority.
Guest
(Expert) 05 February 2014
Depends upon where you are employed, office of Central Government, State Government, a PSU or a Private company, which you have not mentioned. Service conduct and discipline rules vary from organisation to organisation.
Kumar Doab
(Expert) 05 February 2014
Depending upon what your Establishment is Go thru standing orders (certified/model) applicable to the establishment and extended to your designation,conduct and discipline rules, HR policy etc.................
malipeddi jaggarao
(Expert) 05 February 2014
And the employer also looks into the reasons for such unauthorised absence.
Ashish Jain
(Querist) 05 February 2014
I am in central PSU and was on leave without pay. Initially for 6 months I was on medical leave and later on extended my leave for another 6 months for competitive exam preparation(Civil Services).
Advocate. Arunagiri
(Expert) 05 February 2014
Unauthorized leave is a misconduct. The management can take any action under their rules.
Ashish Jain
(Querist) 05 February 2014
Sir, My salary increment has already been on withhold and my promotion has also been delayed. Can they even go to the extent of expelling me from services.
Guest
(Expert) 05 February 2014
Salary, increment or promotion depend on how the period of absence is treated. The normal penalty for absence without permission is dismissal, removal or termination from service depending upon how seriously the disciplinary authority takes the offence in view of the justificatin provided by the employee.
krishna mohan
(Expert) 06 February 2014
By all probability. As you know leave is not a matter of right and need to be sanctioned in advance. You may discuss with authorities to sanction the leave so that your purpose of taking leave is peacefully accomplished. Since you are an employee of PSU and indicating that you are preparing for Civil Service Exam, there may be option to avail EL with pay. Unauthorized absence for a long time may lead to dismissal also. Now that enquiry committee is said to have been constituted you have no other option but to present your case factually and sympathetically so that extreme action is not recommended by the inquiry officer.
Guest
(Expert) 06 February 2014
Mr. Mohan,
In the system of Government and PSU organisations, the Inquiry Officer is not supposed to recommend any action, what to say of extreme action. He is supposed to merely make a mention in his inquiry report after description of analysis of the evidence adduced during inquiry proceedings, whether the charge is proved or not proved.
T. Kalaiselvan, Advocate
(Expert) 06 February 2014
I agree with the experts on the subject issue, to add, I go with Mr.Mohan mentioning that leave is not a matter of right and need to be sanctioned in advance. Thus wait for the departmental inquiry to be completed.Then think about next course of further action on it, if necessary.
Ashish Jain
(Querist) 06 February 2014
Thanks you all for your expert opinions.
Regards
Guest
(Expert) 07 February 2014
You are welcome.
Sudhir Kumar, Advocate
(Expert) 07 February 2014
