Cda proceedings for being on loss of pay
bm2005
(Querist) 13 April 2014
This query is : Resolved
i am working in a govt PSU, i am on probation I was on leave for close to four months,due to my mother in law being unwell and i had to take care of my small daughter.
Now my Company has given a chargesheet, for the same.
i was wondering that Govt of india, is providing two year child care leave to employess, though that leave is yet not applicable to my Company, can they punish me, when govt is promoting child care.
During the entire period i kept my office intimated through letters. i wanted some kind of guidance as to how to reply to their chargesheet.
thanks,
Sudhir Kumar, Advocate 
(Expert) 13 April 2014
meet service law expert.
you are (subject top CDA rules) entitled to call a service/retired Govt servant to argue you case in inquiry.
Rajendra K Goyal
(Expert) 13 April 2014
You are on probation, it seems you are not having sufficient leave in your credit. You informed the department only but did not cared to get your leaves sanctioned. Leave without sanction is absent from duty.
Your act is indiscipline which can be punished as per your service rules.
Consult some experienced service expert of your department to defend your charge-sheet.
Guest
(Expert) 13 April 2014
Your statement, "I was on leave" is not clear to the extent whether your leave was duly sanctioned by the competent authority or you remained absent from duty at your own treating that as leave?
There is a difference between leave, duly sanctioned by competent authority, and absence of employee without permission, called as unauthorised absence. While the first case does not attract any punitive action, the case of unauthorised absence is treated as misconduct on the part of the employee and attracts disciplinary action against the employee.
If leave was sanctioned by the competent authority, there should not be a question of issue of any charge sheet. Issue of charge sheet reveals your case pertains to unauthorised absence. In that case, you have to submit your defence statement, if the charge sheet pertains to minor penalty. If the charge sheet relates to major penalty offence, after submittion of your defence/explanation regular inquiry can be conducted to inquire in to your misconduct by an independent inquiry officer, where you can get adequate opportunity to defend your case, either by yourself or through some other employee or retired person as your defence assistant.
If it is treated as indiscipline (charge sheet case) it cannot be merely a case of loss of pay, but can be a case of loss of service, as the indiscipline is normally treated as of grave nature.
What rules or orders govern the employees of Government of India offices or other organisations has no relevance to the prescribed leave rules of your own organisation. Reference to any other organisation rules is quite irrelevant in your case.
Since in such cases, termination of services/ dismissal is the expected punishment, you or your defence assistant should be very careful in preparation of your defence effectively and to the point with no scope of irrevant pleeadingsm like you pointed out about child care leave in Government offices. You should be concerned with leave rules and conduct and discipline rules of your own organisation with specific reference to the terms and conditions of your appointment.
