Long absence from duty
Querist :
Anonymous
(Querist) 30 January 2012
This query is : Resolved
I want your prudent legal advice for my problem. I hve passed B.tech (civil) from iit delhi and after that
I had joined NHAI as trainee engineer 2 years before. I was on probation for 2 years.
Service conditions were included in the appointment letter and one para was about termination of contract of employment which states that either party can terminate the contract by giving one month notice or pay of one month to terminate the contract. I worked for one month but i didn't like my work profile and place of posting. I asked for change in posting but they refused. Due to depression and other problem i stopped attending office. After one month company send me letter mentioning my absence from duty and asked me to join otherwise disciplinary action can be started. At that time i made mistake in negligence that either i couldn't submit resign or give reply of letter. I also wanted to prepare forIAS/ips exam so i started exclusive preparation for this.This year i have written mains and hopeful for interview .For career security i have got a job in other PSU recently.
Sir please advice me ,i want to know
1. Can i join this psu without mentioning about NHAI? I haven't mentioned about previous job in application form .
2)a. NHAI (National Highway Authority of India)have not send any letter to me after that one letter in last two year. I have also not communicated to them due to fear of disciplanary actions. They have also not started any action against me.
2)b.Since NHAI have not send any letter to my address so can it be assumed that NHAI have terminated my service?
3) At this stage can i send my resign by speed post? Can they accept the resignation? Can they initiate disciplinary case against me after getting resign from my side? If i ask for relieving letter can they issue to me?
4) At this stage can i write to them about termination of service contract with one months salary? can NHAI accept this?
5) If i want to approach NHAI whether i approach to Head Office HR deptt Or the office of my place of posting?
6)Can i ask for my employment status ? and after that can they start disciplinary action against me?
Pl advice sir, so that i can rectify my mistake. I am waiting for your prudent advice.
Thank you
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S.B.adil rahman
(Expert) 30 January 2012
You are still a confused lot. You have been assuming a lot of things which your employer can do or could have done to you. On most of the points you are right in your thinking or apprehension. In course of your probation period your miscondcut is sufficient to terminate you ex-parte. You applied for IAS examination and concealed your previous job(NHAI) which I believe was a central government Job.This is also an offence of concealment of fact which will be cought/detected during police verification, if you compete and selected for the new job. The management of NHAI can take any action or must have taken the action which you do not know. Now the best thing is that you go to your office and ascertain your status as an employee. If you are so afraid to visit your own office then submit an application under the RTI Act 2005 to the CPIO of NHAI and ask for the relevant information with regard to you and your job,You can also seek the copies of the pertinenet documents and can ask for the file notice of file inspection.After ascertaining the facts please come to this forum for advice.
Sudhir Kumar, Advocate
(Expert) 30 January 2012
I will agree with Mr Adil Rehman. I will partially disagree that you do not need to file RTI. Whether you are in service or not this information can be had across the table.
Your questions are replied as under :-
1. Can i join this psu without mentioning about NHAI? I haven't mentioned about previous job in application form .
Ans : Yes. Many people join service by hiding material facts and suffer when the matter is detected when they are overage for the job as per qualification.
What would you submit in the attestation form regarding previous employment. So far neither you have given notice of termination nor resignation to NHAI. (You never said what happened to the proposed disciplinary proceedings)
2)a. NHAI (National Highway Authority of India)have not send any letter to me after that one letter in last two year. I have also not communicated to them due to fear of disciplinary actions. They have also not started any action against me.
Ans : So you are still in their service.
2)b. Since NHAI have not send any letter to my address so can it be assumed that NHAI have terminated my service?
Ans : No.
3) At this stage can i send my resign by speed post? Can they accept the resignation?
Ans : Yes you can send they can also accept.
Can they initiate disciplinary case against me after getting resign from my side?
Ans : After resignation they cannot initiate disciplinary proceeding but if misconduct is seen later on nothing stops you present employer PSU to initiate disciplinary action.
If i ask for relieving letter can they issue to me?
Ans : You must be joking resign bhee nahin karoge, termination notice bhee nahin doge par reliving letter chahiye. It is a PSU.
4) At this stage can i write to them about termination of service contract with one month’s salary? can NHAI accept this?
Ans : Yes. They are bound to accept.
5) If i want to approach NHAI whether i approach to Head Office HR deptt Or the office of my place of posting?
Ans : What for you want to approach. For joining duty you approach place of posting. For resignation your HRM.
6)Can i ask for my employment status ?
Ans : Your status is clear you are on their rolls as absconding employee. Unless you have changed address and have not received the chargesheet or inquiry notice sent to your address on record.
and after that can they start disciplinary action against me?
Ans : Yes they can. In that case even if you qualify as IAS you cannot be relieved and the offer will lapse.
In case they have initiated ex-parte proceedings you would have received all the communication. If you have changed address and letters are coming back they are deemed delivered. In case you are dismissed then this dismissal is a bar against future employment in Govt/Semi-Govt.
I think you have also done some more misconducts :-
(i) While applying for IAS you have to state whether you are employed under Govt /semi-govt body and if so you furnish an undertaking that you have intimated you employer in writing. It can be anticipated that you may not have done that.
(ii) While applying for this PSU you may not have intimated them regarding your job in NHAI. Otherwise they may not have accepted resignation.
Pl advice sir, so that i can rectify my mistake. I am waiting for your prudent advice.
Ans : Go and join duty top NAHI. Intimate your IAS exam to NAHI. Beg for NOC from NAHI for applying in the PSU where you got join. If they refuse you have no remedy.
THIE REPLY IS BAED ON WHAT YOU HAVE STATED. I DO NOT KNOW THE FACTS YOU MAY HAVE HIDDEN
Querist :
Anonymous
(Querist) 30 January 2012
Thank you very much sudhir sir for your advice.
Raj Kumar Makkad
(Expert) 30 January 2012
You have already been advised very well.
Querist :
Anonymous
(Querist) 31 January 2012
sudhir sir,
i am very thankful for your expert advice. I had given permanent address as correspondence address so i have not changed my address and NHAI had not send any further letter to me. They have not started CDA proceeding and keeping the matter pending.
I will act according to your advice. pl give me advice for following
1 If i ask for them about my employment status do they start CDA Proceedings?
2. If CDA proceeding starts than after that can my resign be accepted?
3.If i send my resign without asking for employment status, will they start CDA proceeding or accept my resign?
Sir, i donot want to join again in NHAI ,Pl advice me so that i can get out of employment without hfurther harm to my career.
waiting for your anticipation
Querist :
Anonymous
(Querist) 14 February 2012
sudhir sir,
i am very thankful for your expert advice and time for my problem.I want to clear on this that I had given permanent address as correspondence address so i have not changed my address and NHAI had not send any further letter to me. They have not started CDA proceeding and keeping the matter pending.
I will act according to your advice. pl give me advice for following
1 If i ask for them about my employment status do they start CDA Proceedings?
2. If CDA proceeding starts than after that can my resign be accepted?
3.If i send my resign without asking for employment status, will they start CDA proceeding or accept my resign?
Sir, i do not want to join again in NHAI ,Pl advice me so that i can get out of employment without further harm to my career.
waiting for your anticipation
