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Unauthorised absence

(Querist) 20 March 2018 This query is : Resolved 
I am confirmed employee of PSU bank and in service of the bank since last 6 years.After marriage i joined my spouse in aug2016 on request transfer.In jan i got transfer away from my husband place of posting.I had requested the management to allow me to stay with my husband for sometime as i am undergoing medical treatment for children.Our management neither sanctioned leave nor cancelled my transfer.Since my family life is at stake i went on unauthorised absence.Now bank has sent me a notice for unauthorised absence.
Kindly advice me
Sudhir Kumar, Advocate (Expert) 21 March 2018
bank seems justified in action.
Guest (Expert) 21 March 2018
Ass per rules, neither transfer, nor leave can be claimed as of right by the employee. May transfer or no transfer, but sanction of leave was a must for absenting from duty, as absence without permission or sanction of leave is taken seriously as an act of indiscipline on the part of the employee, which can attract removal from service.

So, better get your leave sanctioned by expressing your apology on one or the other plea in order to avoid removal from service on disciplinary action, may that be at the cost of censure or stoppage of one or two increments.

J.D.S Sareen (Expert) 21 March 2018
Mr. Dingra is correct. Unauthorized absence without prior intimation and with our prior sanction of leave may amount to major mis-conduct as per the rules and regulations of the Bank, as is the case with many Banks. You must submit your reply in time mentioning all the facts of the case by consulting someone otherwise your services can be terminated/dismissed.
P. Venu (Expert) 21 March 2018
You may reply to the Notice setting out the circumstances, esp. that you had duly applied for leave and the same has not been refused.

In the meanwhile, you may report for duty immediately.
supriya sabbavarapu (Querist) 21 March 2018
I have given reply stating the reasons forced me to go on unauthorised absence.I met them personally and requested them either to retain me with my husband or to sanction leave during my treatment period
Guest (Expert) 21 March 2018
Setting of conditions for the employer may badly harm your interest. The competent authority is not bound to accept any of your condition in the case of unauthorised absence.

Further, if no medical certificate of illness is submitted within the prescribed time, there is no scope for sanction of your leave on medical grounds. Still further, the bank is also bound to issue a major penalty charge sheet against you just to give you an opportunity to defend your case. But, if no medical certificate was submitted by you in support of your illness, possibility of termination of your service cannot be overruled.
Sudhir Kumar, Advocate (Expert) 21 March 2018
Mere application does not save you. You have to join back or face disciplinary action.
Dr J C Vashista (Expert) 22 March 2018
Join your duty immediately, get the notice withdrawn and again request the bank to consider your case sympathetically.


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