socially backward (Social worker) 10 September 2021

Disciplinary proceeding for taking child care leave

Dear members,

My question is concerned with Child Care Leave.Can availing such leave by an employee be a ground for instituting a disciplinary proceeding against her while ignoring all her supporting documents in support of her ground for availing such leave and a major punishment proposed to be awarded to her?When the grounds are supported by documents and reasoning and the inquiring authority chose to ignore and the authority vindictively award punishment...What should the employee do?

Reply Follow

4 Replies

Pradipta Nath (Advocate) 10 September 2021

Facts need to be more elaborative. Like whether you are in private concern or what, leave policy of the Co., what was written in the show cause letter, any disciplinary rules etc etc!!

Dr J C Vashista (Advocate) 11 September 2021

You have availed CCL which is permissible, where is the question of disciplinary action ? Consult a local prudent lawyer practicing service matters for proper analyses of facts and circumstances, professional advise and necessary proceeding.

G.L.N. Prasad (Retired employee.) 11 September 2021

Merely availing CCL as permitted in law can never become a serious charge for awarding punishment under disciplinary proceedings. But availing of such leave on false grounds and production of fake documents is a serious offense. Unless the employee is given a charge sheet, given the opportunity of personal hearing through inquiry, no employer can take serious action and there is also an appeal against such punishment imposed. Without following laid down procedures under law, no employer can take such drastic steps. Contact your association and local advocate to find a remedy.