Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

srk   03 August 2017

Resignation not accepted

I have been working in psu bank since last 4 years. In 2015 i was on LOP for 6 months which was later on marked as Unauthorized absence. Recently due to heated argument present zonal head started disciplinary proceeding against me for LOP and other attendence related irregularity in my previous branch. I wish to resign my present bank to join other government job. but it seems unlikey since they have made it clear that they wont accept my resignation till disciplinary proceeding is over. i only have time upto october 2017 to join new job. Please help me in this regard.


Learning

 6 Replies

G.L.N. Prasad (Retired employee.)     03 August 2017

There are minor and major misconducts.  At the most, it may amount to minor misconduct, and you are not coming out with facts that made you to go on loss of pay.  You are aware that Banks are running with shoe string budget, and if one officer goes on 6 months long leave with LOP, how much the customers and branch suffer.  It reflects on entire branch functioning, as your work has to be shared with others and particularly in a financial institution with complete on line functioning with passwords exposes them to risk.

Some unfortunate things may happen and resignation is not a remedy.  You may get a transfer to a rural branch or at the most a repriamand or loss of one increment may be imposed on you.  Forget about that and continue as every organisation insists of relieving certificate and makes discreet inquiries on past performance and conduct.  You may not get such good credentials from your Bank as of now.

Prove your dedication to work, let all things settle and then take a decision.

Kumar Doab (FIN)     03 August 2017

Unauthorised absence is misconduct.

Subsequent to misconduct: Heated arguements should have been avoided.

The authority is probably acting in accordance with 'Conduct and Discipline Rules' of the establishment.

Hope you have a copy and understand the rules.

According to you, is there varinace or transgression by authority?

 

Kumar Doab (FIN)     03 August 2017

You could have applied your skills, good conduct, rapport, goodwill and rather got the leave/absence regularised.

Mr. G.L.N. Prasad has already rendered wise advise.

Employee should avoid misconduct. altercations as much as possible.

 

Kumar Doab (FIN)     03 August 2017

Or approach a LOCAL very able senior very able counsel specializing in service matters and well versedw ith matters of your establishment and arrange a LOCAL sharp defense assistant.

P. Venu (Advocate)     03 August 2017

It is generally the norm that resignation is not accepted while disciplinary proceedings are in progress. What was the reason for remaining on LOP leading to unauthorised absence.


(Guest)
Originally posted by : srk
I have been working in psu bank since last 4 years. In 2015 i was on LOP for 6 months which was later on marked as Unauthorized absence. Recently due to heated argument present zonal head started disciplinary proceeding against me for LOP and other attendence related irregularity in my previous branch.

I wish to resign my present bank to join other government job. but it seems unlikey since they have made it clear that they wont accept my resignation till disciplinary proceeding is over. i only have time upto october 2017 to join new job.

Please help me in this regard.

 

Not as a lollypop, my views are quite frank and according to the statutory laws of the departmental inquiry.

Nothing new about disciplinary proceedings on unauthorised absence and that has no relation with any type of heated arguments, if happened between the employee and the zonal head. It is mandatory for the authorities to take disciplinary action as per the statutory rules on the employee remaining absent unauthorisedly. Rather, if you were indulged in the heated arguments over the issue of your leave, you only ventured to invite your misfortune by losing sympathy of the management. Leave cannot be claimed as a matter of right by any employee.

In disagreement with the opinion of Shri G.L.N. Prasad, as per the statutory service rules, it is not a minor penalty case. It is a major penalty case and if proved during departmental/ domestic inquiry, termination, removal or dismissal is in the offing. Dismissal may render you unfit to get any job in any Government organization.

However, you will get adequate opportunity to defend your case and would also be allowed to take assistance from some knowlegeable employee as Defence representative to defend the case on your behalf. If you can defend your case effectively on appropriate justification against the charge, Only then you would be able to get rid of your problem. Till then forget about joining the new employer by October 2017, as the case may take at least 6 months to decide, if not years together, if no dilatory tactics are used by any of the party and all is done in a very smooth way.. However, prabability of decision within 6 moths is quite rare.

So, nobody can help you ,as even CAT/ Courts do not intervene in the process of departmental/ Domestic Inquiry process of the disciplinary authority, except in very extraordinary circumstances.

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register