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nitin   15 August 2015

Disciplinary action for unauthorized absence

I am a confirmed employee of a psu bank and in service of the bank since last 4.5 years. Due to family problems I went for long unpaid leave of 6 months after applying to my supervisor. But bank rejected my leave and advised me to rejoin the duty, for which I again made a request to approve my leaves. Now after 5 months bank had sent me a notice for disciplinary proceedings on grounds of unauthorized absence . I had also past record of medical leaves of 8 months(in last year) for which proper medical certificates has already been submitted and approved by bank. In relation to this I have 3 questions: 1) What can possible outcomes of this disciplinary proceedings ( can they dismiss/remove/terminate me, considering my confirmed employment)? 2) What can be the implications of disciplinary proceedings and removal on my future govt job applications? 3) AS I wouldn’t be able to rejoin the duty for upcoming 6 more months, is there any option I can avail other than submitting my resignation . Thank you.



Learning

 6 Replies

Sudhir Kumar, Advocate (Advocate)     15 August 2015

1) What can possible outcomes of this disciplinary proceedings

a penalty order

( can they dismiss/remove/terminate me, considering my confirmed employment)?

 

possible

 

2) What can be the implications of disciplinary proceedings and removal on my future govt job applications?

 

dismissal is ban on future employment

3) AS I wouldn’t be able to rejoin the duty for upcoming 6 more months,

 

 

if so the inquiry can be held ex-parte which is feater and penalty order can be issued fast.

 

is there any option I can avail other than submitting my resignation

 

 

you hve no such right.  PSU may give you cancession to allow resignation.

1 Like

MADHUSUDAN G R (Advocate)     15 August 2015

What are you in the bank?    Whatever may be the family problem, no bank will saction 6 months leave.  As you depend on bank for salary, bank also depends on employees service.  Now-a-days, due to voluntary retirements, normal retirements, not filling up the posts created, banks are also understaffed.  Hence, one is expected to be multi-task oriented.  You have also stated that you were on leave for 8 months on health grounds.  Sanctioning of leave is the discretion of bank.  It is not deemed sanction.  Although, it is a sanctioned leave, this also will be taken into the enquiry proceedings to say that your services are not reliable.

Your banking service rules will have to be looked into.  Accordingly, if the charges are proved, punishment will be given.

Better, try to be regular to work for a smooth sailing.

1 Like

Kumar Doab (FIN)     16 August 2015

The length of leave that you applied and you need even now is unlikely to be sanctioned.

You did not rejoin upon declinature to sanction the leave hence the disciplinary action.

One of the option is to make up with supriors and make them to agree to accept resignation and retire you without any  blot in personnel file.

Rest is upto you.

 

 

 

1 Like

nitin   16 August 2015

@sudhir sir: Thank you very much for your valuable time and prized knowledged you have shared.

@Kumar Doab:  Thank you very much for your valuable time and relevant suggestion.

@Madhusudan: I also admire your suggestion. Thanks.

Kumar Doab (FIN)     09 February 2017

You are welcome.

K LAKSHMINARAYANA   18 September 2018

You say that you were on medical leave for about 8 months during last year.  It appears that after rejoining duty after the said medical leave, you again entered leave and have been absenting for the last 6 months and would not be able to join duty for the next 6 months.  That shows that your effective service in the Bank during the past 4.5 years is only a little over 3 years.  The Bank could have terminated your service even without the disciplinary action by invoking Cl. 17 of Bipartite Settlement for voluntary cessation of service, if you are a workman.  and I presume you are a workman covered by BPS.  

Please further note that confirmation in the Bank after probation does not confer upon you any right to violate Conduct Rules.  Confirmation does not release/exempt you from following the laid down Conduct Rules.  

The fact that you remained absent for a pretty long time and also do not wish to join within the next 6 months suggests that you are not dependent on the Bank job that you are able to survive without salary as the Bank does not pay salary for such absence.  

If the Bank has initiated disciplinary action against you, the best option for you is either to rejoin duty immediately by offering satisfactory explanation to the Bank for your long absence.  

OR 

Quit the Bank gracefully by submitting your resignation letter and requesting the Bank to drop the disciplinary proceedings to avoid any blot on your personal profile that helps you seek employment elsewhere.  Good Luck to you.  

 


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