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Leave related problem central govt

(Querist) 14 November 2017 This query is : Resolved 
Sir,I am working as Junior statistical officer in National sample survey office.In September 2017,I applied for commuted leave on medical ground for 5 days, prefixing and suffixing to it 2 holidays each.
1)On the first day of leave,I went to office at 8:45 AM for submitting my work related papers(survey schedules),and went out at 8:50 AM but I did not mark attendance,thinking that for leave applied days there is no need to mark attendance.
2)My leave sanctioning authority sought second medical opinion.Copy of his letter to district medical officer was sent to my address mentioned in my leave application form.But,post office returned that letter to them with remarks,"ADDRESSEE NOT KNOWN."

I have joined duty on the correct date after leave.

Now,Director of office say they are going to take action against me and to cut salary for the leave period.

Kindly reply how to escape from this problem
Rajendra K Goyal (Expert) 14 November 2017
Have you submitted your leave and submitted acceptable medical and fitness certificate after joining?

You can get the medical and fitness certificate countersigned by the concerned district medical officer to finish the matter if possible..

anupumar (Querist) 14 November 2017
Rajendra Goyal Sir,My complete leave leave application with medical certificate reached leave sanctioning authority on my 1st day of leave.Also,I have submitted proper fitness certificate at the time of my joining
Rajendra K Goyal (Expert) 14 November 2017
Hope they are not going to take any action. If take that can be challenged at appropriate level.
anupumar (Querist) 14 November 2017
Thanks Rajendra Goyal Sir
Sudhir Kumar, Advocate (Expert) 15 November 2017
why you were not available at leave address?
Sudhir Kumar, Advocate (Expert) 15 November 2017
http://www.lawyersclubindia.com/experts/Regional-head-saying-that-he-will-suspend-me-651791.asp

http://www.lawyersclubindia.com/experts/Supervisor-asking-me-to-work-on-holidays-651656.asp

http://www.lawyersclubindia.com/experts/Leave-related-problem-central-govt-662066.asp

why you cannot work diligently instead of running for legal advise after creating problems.

If this forum is free that does not mean that you will create complications to avail the benefits.
Sudhir Kumar, Advocate (Expert) 15 November 2017
Not able to agree with Mr Goyal.

They may not be able to take action (for absence) but will take next time (soon) when you provide chance to them.


Nobody writes for second opinion generally just for 5 days leave. You have not narrated background as to how /why authorities are so annoyed.

Anyway you have been found guilty of not being available on the leave address mentioned in the application.
anupumar (Querist) 15 November 2017
Sudhir kumar Sir,I was available at my address.After this issue,I asked post office why they returned this letter sent by my office.They said they were not knowing my address.(I am staying at this address only for the last 4 months)
anupumar (Querist) 15 November 2017
Sudhir kumar Sir, This is the background why authorities are annoyed.

My immediate supervisory officer asked me to complete work in 5 days which others are doing in 8 days.It was difficult for me.Therefore,I requested Director and I was allowed to complete work in 8 days.

After this ,my immediate supervisory officer tried to find mistakes from my side and many times,sent false remarks against me to Director.
Also,On the first day of leave,I went to office for submitting filled up schedules of my last completed sample(work),but did not mark attendance,thinking that for leave applied days attendance marking is not required.My immediate supervisor reported to Director that my illness is false,saying how a medically unfit person can come to office?Therefore,Director sought 2nd medical opinion
P. Venu (Expert) 15 November 2017
It appears that you are not fully honest with the facts.
Guest (Expert) 15 November 2017
Hi Anupumar.

As per your description, at present you don't have any sort of administrative or legal problem, as no formal action seems to have been initiated or even proposed against you. So, your query, "how to escape from this problem" has no relevance in the present scenario, when problem has not arisen as yet.

So, there is no use to suggest you anything merely on hit & trial basis, when even you don't know, what formal action your Director has proposed to take against you.

To be frank, either you have not been able to describe your problem appropriately (seemingly no problem at present), or your query is based merely on some hypothetical story.

However, please clarify the following points to understand, what type of tentative problem, you are likely to face:

1) From which authority 2nd medical opinion was sought for you?

2) Whether the letter was 2nd medical opinion was addressed to you or the authority to examine and report?

3) Which documents you submitted for the purpose of joining, as you said, you joined duty on correct date?

4) Whether you have been served with any notice or memorandum about your medical leave case? if so, what is written in that notice and in whose designation that has been issued to you?
Sudhir Kumar, Advocate (Expert) 16 November 2017
No he has a problem. He was not available at the leave address. He has to beg for mercy.

As far as leave is concerned the authorities will soon get another chance.

He has to mend and bend.

SInce he came to office and was seen there the authorities may be justified in refusing leave despite medical certificate.
Sudhir Kumar, Advocate (Expert) 16 November 2017
http://www.lawyersclubindia.com/experts/Regional-head-saying-that-he-will-suspend-me-651791.asp

http://www.lawyersclubindia.com/experts/Supervisor-asking-me-to-work-on-holidays-651656.asp

http://www.lawyersclubindia.com/experts/Leave-related-problem-central-govt-662066.asp

why you cannot work diligently instead of running for legal advise after creating problems.

If this forum is free that does not mean that you will create complications to avail the benefits.
Guest (Expert) 16 November 2017
@ Sudhir Kumar,

Does that mean he is habitual of posting only vague & hypothetical problems?
anupumar (Querist) 16 November 2017
JIGYASU Sir -

1)2nd medical opinion was sought from District medical officer.

2)A copy of their letter to district medical officer was sent to me, but postal dept returned it.
3)Documents,I submitted for joining were joining report and fitness certificate.
4)Now ,Director issued me memorandum ,seeking my explanation -why postal dept returned the letter they sent to me; why I did not mark attendance when I came to office on the first day of my leave
P. Venu (Expert) 16 November 2017
The facts, as stated, are less than convincing:-
Firstly, (copy) the letter addressed to the competent medical authority seeking medical opinion need not be endorsed to you. It is for the medical authority concerned to fix the date for the medical examination and inform you accordingly.
Secondly, postal authorities would have delivered the (alleged) letter to you had you been present in the leave address furnished by you.
Thirdly, the officer could not have fault with you for not signing the attendance register for the day you were on leave.
Obviously, you had applied for leave on false grounds, Had you been really sick, you could not have attended the office on the first day of the leave.
Your various postings suggest that either you are not a Government servant or you are playing a game of hide and seek with the official superior or the Government itself.
If you have any real problem, post the complete facts instead of playing hide and seek with this forum as well.
Guest (Expert) 16 November 2017
Hi Anupumar,

The facts stated by you are still deficient to arrive at some definite opinion.

If your address is correct, complete and known to the postal authorities, the question arises, why the postman would have made a remark of addressee (yourself), as unknown. If he knew you, he could have remarked, "not met" but not shown you to be an unknown person. If you are residing at the given address and postman has remarked, "unknown," definitely you would have been engrossed with some serious altercations with the postman or any other postal official also. Otherwise, no postal official dares to write such type of remarks if address is correct. However, the evidence of the postman is treated to be perfect for the purpose of disciplinary action and even for court trial. So, you cannot avoid any disciplinary action on the basis of such a proof provided by the postman's remarks.

Secondly, even other problems you posted give ample indication that you are not keeping yourself in good terms with your superiors. Otherwise, as Mr. P. Venu has rightly opined that there was no occasion for your office to seek 2nd medical opinion merely for the leave for 5 days.

So, if you do not maintain good rapport in your own department and also with the postal officials, nobody can save you from getting punishments, may that be on petty irregularities. For example, non-signing of your attendance on the first day of medical would not have caused any concern to any authority, but if they have noticed that you visited office and not signed, that clearly reveals that every movement or activity on your part is being specially watched.

So, make sure, fight with your bosses may never pay you in good terms. If you feel inconvenience there, must seek your transfer to some other office or switch off to a job in some other organization.
Ms.Usha Kapoor (Expert) 26 June 2018
Agree with Sudhir Kumar and venu.


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