Unauthorised absence/dies-non
umesh HALKAR
(Querist) 29 January 2017
This query is : Resolved
Sir, I am working in PSU (Central) organisation since from last 28 years as Supervisory category and 5 years more service. Since from last 10 years deptt. is harassed me like Manhandling,non sanction of leave,HBA loan, and degrading because I had asked Information regarding service matters through RTI. Due to this I had filed cases on Civil /criminal PC cases on coleuge since there is no action from Organisation. on September 2016 Intersection transfer letter and relieving order was issued to me at a time to more harass me and force to report Junior officer.But I had reported concern Head of the Department as per relieving order and not reported to junior officer as in transfer order. Subsequently I had submitted representation to HR/ Unit Head to demote to lower grade position along with Relinquishment of higher position charge to report Junior officer. HR is denied for this and issued letter to join. Since the entire service matter is not resolved from last 10years I had lodge the complaint at PMO PG for revoke the order and inquiry/action is under process.Now 3 months is passed and HR is issued letter without any notice to me as Unauthorised absence and Dies non results withhold of payment/allowances. I am present at work place but no work is assigned to me by Head of section. Please advise next step. regards
Kumar Doab
(Expert) 30 January 2017
Is it the same query;
http://www.lawyersclubindia.com/forum/Unauthorised-absence-and-dies-non-146458.asp
P. Venu
(Expert) 30 January 2017
The posting lacks clarity.
Guest
(Expert) 30 January 2017
Dear Umesh Halkar,
You seemed to have opened several fronts that work against your own interest. Don't assume that the period, if treated as unauthorised absence may merely be treated as dies non. The results can be damaging. When your period is being treated as unauthorised absence that may lead to your removal from service with ultimate denial of your service benefits.
Evidently, your description reveals as if you have not reported for duty so far under the concerned officer on transfer. So, your statement, "I am present at work place but no work is assigned to me by Head of section," has no relevance, as your work place is supposed to be the place of your transfer where were supposed to discharge duty under the officer to whom you were supposed to report for duty.
Now, if you want to continue with your struggle without losing your service, may the officer be your junior, better join your duty at the place of transfer in order to avoid removal from service on charge of insubordination to comply with the orders of the competent authority and unauthorised absence also. Of course, for the present, you may feel humiliation to work under him, but ultimately the incident of transfer may also give you an edge in any court case, if you file against your department/ organisation.
Otherwise, you may be complicating the things yourself from which reversal would not be easy.
Sudhir Kumar, Advocate 
(Expert) 01 February 2017
agreeing with with Mr Dhingra I can visualise that the deptt is luring you to give them a chance to throw you out.
They know you will cooperate and you are cooperating.
Kumar Doab
(Expert) 01 February 2017
At;
http://www.lawyersclubindia.com/forum/Unauthorised-absence-and-dies-non-146458.asp
Mr. Sudhir Kumar has already pointed to you that Dept. has taken most lenient action.
Employee should avoid confrontation and if and only if dispute is unavoidable, employee should build defense first and should not wage a fight on weak knees.
umesh HALKAR
(Querist) 11 February 2017
Sir,
I had joined and reported lastly.
Awaiting appropriate action From PMO office/Concern Ministry regarding my complaint on MY dept.
Shall I file the case at CAT on Organisation or Individual officer.There is always threats to transfer again. How to get the name of the responsible officer or methods.
There is 5 nos problem/harassment on service matters by Deptt.
Already 1 Civil case and 1 Criminal case is being filed by me against individual party(Indirectly dept. may attract).
regards
Sudhir Kumar, Advocate
(Expert) 11 February 2017
please read again what Mr Dhingra said.
anyone having any sympathy with you will not advise as how to purchase more trouble.
Guest
(Expert) 11 February 2017
In fact, you need constant mentoring by some capable and well experienced officer/ official of your own department till you are able to wriggle out of the problems you are facing for the present in the phased manner. Any other advice for the present may be quite premature till you are able to get relief from the present problems. Let them get finished first and thereafter decide how to tackle the departmental authorities who made you face mental torture.
However, for the time being, get the period of your absence regularised by sanction of leave due by the competent authority. Otherwise that may also result in to issue of some charge sheet against you, if the unregularised period is treated as unauthorised absence, as indiscipline on your part.
Kumar Doab
(Expert) 11 February 2017
Agreeing with straightforward opinion of Mr. Sudhir Kumar 'how to purchase more trouble.'
Avoid as much as possible the Head On Collision and getting dumped in inquiries, misconduct, dept.action and getting dumped in courts of law.
Handling bosses is a skill and can be acquired like any other skill.
umesh HALKAR
(Querist) 20 March 2017
Sir,
Leave is regularized and considered the present attendance as present for duty.
But this type of Harassment,Manhandling,Victimization are happened not only on me but several employees. Cases were closed systematically. Due to all are family holders no body raised their voice and struggling for justice.
I know fighting against organisation as individual is purchasing the troubles.
Reporting Bosses are also frequently changing. Entire my life has spoiled and no more to spoil.
Any other suggestion or NGO to help me.
regards
Sudhir Kumar, Advocate
(Expert) 20 March 2017
when leave is regularised the what is the harassment.
deptt has not thrown you out on charge of unauthorized absence and you term it as harassment.
Sudhir Kumar, Advocate
(Expert) 20 March 2017
"Any other suggestion or NGO to help me."
anyone having slightest sympathy with your (which you yourself do not seem to be having) will not advise you to report to NGO help.
This step will give the deptt another chance to throw you out. Every time they will not be committing mistake.
Mercy also has limits.
Guest
(Expert) 20 March 2017
If you are allowed salary without getting assigned any duty, better enjoy your lot patiently till your relations get smooth with the management. You may however, get the incidence recorded by asking in writing for assigning the duties to be discharged by you.
Kumar Doab
(Expert) 20 March 2017
You have posted that:
"I had joined and reported lastly........Leave is regularized and considered the present attendance as present for duty."
Mark your attendance.
Transact under proper acknowledgment.
What is this manhandling?
umesh HALKAR
(Querist) 24 March 2017
Sir,
This is the event created and forceably reporting to Junior officer.
After Premature retirement I can File the case against on Individual / Department ?. Since I have loosening more than Rs20 lakhs
and spoiled my life & liberty due to non sanctioning of leave Withheld service benefits,Physical assault,sudden degrading etc.
regards
