rakeshsasi
(Querist) 15 September 2015
This query is : Resolved
Hi Experts,
I have been issued a memorandum seeking explanation for unauthorized absence for 8months. I work in a PSU. I was on leave for my higher studies. I had applied for my study leave but no intimation was received and was forced to go on unauthorised leave.
What is the maximum Punishment that can be given by disciplinary committee in such cases other than removal from rolls
Guest
(Expert) 15 September 2015
No less than removal from serve is the penalty for unauthorised absent.
Kumar Doab
(Expert) 15 September 2015
Removal from Service is the penalty.
It shall be indeed difficult to avoid ‘Removal from Service’.
Is there any precedent in your PSU that in such and similar cases leave was regularized later even if LOP……………………or ‘Removal from Service’ was not awarded?
Is it inserted anywhere in Leave Rules of your PSU that the approval or declinature of leave shall be communicated by………………authority to…………………employee e.g. as in Model Standing orders; Sec:9:…………….?
The misconduct and proportionate punishment for misconduct must have been described in Service Rules/Conduct and Discipline Rules applicable to your PSU...................that you must have seen before proceeding on unauthorized leave and even after getting the memo.
Obtain the services and support of an able labor Law Consultant/Service Matters lawyer/Law firm and a ‘Defense Assistant’ to struggle to fetch punishment other than removal from service.
Guest
(Expert) 15 September 2015
I wonder to know, the querist has asked only about punishment on unauthorised absence, rather than showing any interest in his defence against the charge.
Rajendra K Goyal
(Expert) 15 September 2015
Can be removed from the service
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