Benefits for dismissed employee

You may go thru the Certified Standing Orders/Service conditions, and consult a competent and experience labor consultant/service lawyer, well versed and specializing in such cases. You may show all of the documents, records, and give inputs in person……….

It shall be good to not to conceal anything from the lawyer.

Dismissal :- As a measure of punishment in a disciplinary case.

Punishment Order can only be served by the Competent Authority and the punishment has to be in line with what is listed in the Certified Standing Orders/Service conditions.

Some principles are advocated in awarding punishment to the employee found guilty in the domestic enquiry……………like the punishment should not be disproportionate to the gravity or severity of the misconduct.

Prior to order of dismissal process of conducting preliminary inquiry, issuance of charge sheet, Explanation, proper inquiry must have been completed.

It is surprising that “an employee is dismissed for asking study leave with loss of pay in an government sector?” If there is no other reason then you may have a good case.

“If a wrong misconduct is quoted while adverting to a particulars of set of facts, it is no answer to say that the matter comes with another type of enumerated misconduct. When the nature of charge does not co-relate with the alleged facts stated in the charge-sheet such charge-sheet will be defective and hence would be vitiated.”

Service/Experience Certificate:

As per IESO Act/Model Standing orders the service certificate should be handed over by last day in office.

16.  Certificate on termination of service.--Every permanent  workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.

NOTE. - There is a provision under  this  Act for issuing a service certificate at the time of  dismissal, discharge or retirement and every person is entitled to take such certificate.

Relieving letter: Doubtful.

PF/Gratuity: Pls refer to:

Central Administrative Tribunal - Delhi

Shri Radhey Mohan vs Delhi Transport Corporation on 2 May, 2012

https://indiankanoon.org/doc/72312810/

10, 11:  (Payment of Gratuity has been explained…………)

12. (Supreme court of India)It is settled law that a person who is dismissed from service is entitled to get only the provident fund…………..

Valuable advice of learned experts/members is sought.

I agree fully with what Mr Sudhir Kumar has stated in most compact manner .

Dissmissal Order can be a Simplicitor having no strings attached to it.

Mere asking for Study leave with no Pay CANNOT BE THE CAUSE FOR A DISMISSAL ORDER .

Something is missing .

With regards .

so you have to come with full facts instead of taking viva test of the experts here.