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Niket Kumar (Manager-HR)     13 December 2010

Leaving station without permission is a Misconduct

If a Officer leaves station without informing his/her superior, then can it be treated as misconduct? Pls. explain if the Officer leaves the station for his off days and for Casual leaves/self certified sick leave.



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 11 Replies

Kirti Kar Tripathi (lawyer)     14 December 2010

even in the above circumstances, permission/information is necessary.

Amit Gautam (Engineer)     16 December 2010

what will be situation if the superior refuses to recieve the request and denies the verbal communication??

Kirti Kar Tripathi (lawyer)     17 December 2010

You make take legal action against him, in case, you have leave credits in your account.


(Guest)

 

Originally posted by :niket
"
If a Officer leaves station without informing his/her superior, then can it be treated as misconduct? Pls. explain if the Officer leaves the station for his off days and for Casual leaves/self certified sick leave.
"

 

 

Dear Niket,

Of course, leaving station without intimation/permission of the controlling officer is a misconduct on the part of the employee, but not a very serious case of indiscipline. However, if the employee is habitual of leaving station without permission/intimation, you will have to first caution him in writing for taking disciplinary action on any subsequent offence. If still he commits the offence you can take disciplinary action against him.

 

PS Dhingra

CEO cum Management & Vigilance Consultant

Dhingra Group of Consultants

New Delhi


(Guest)

 

Originally posted by :niket
"
what will be situation if the superior refuses to recieve the request and denies the verbal communication??
"

 

 

Dear Gautam,

You have rightly pointed out about the habit of some supriors not receiving the request and verbally denying to grant permission to leave station to his subordinates.

 

In that case just write another application addressed to him with a copy to his higher authority stating that you submitted the application for the grant of permission to leave station, but was declined to be received, so you are submitting the present application through the Receipt and Despatch cell of the office and you are leaving the station due to .......... (write some urgency). Also attach a copy of the original application also with that application. If however, even the Receipt Cell also refuses to accept the application, you must send by couries/speed post to the officer pointing out that Recipt & Despatch cell also refused to receive the document. That action will show not only the high handedness of the Officer concerned, but also indiscipline and dereliction of duty on the part of the Receipt & Despatch Cell also.

 

But be careful to submit the application before proceeding on station leave.

 

PS Dhingra

CEO cum Management & Vigilance Consultant

Dhingra Group of Consultants

New Delhi

Om Prakash Dhusia (HR assistant)     24 April 2011

Dear Honorable sirs, kindly dont make the matter complicated.It is as simple as it, just while filling or submitting the leave application, ask permission from your superior/leave sanctioning authority to leave duty stataion during your leave period on the same application/leave form and keep a xerox of the application/leave form after approval/sanction.this would minimise your problem.

Regards

Kumar Doab (FIN)     24 April 2011

Sir,

Kindly educate.

In many companies nowadays the leave is asked to be applied at online portal.The reportee fills up online application and by the system it is forwarded to reporting authority and once passed the communication is sent at official email id of the reportee that the leave is sanctioned or declined.

The leave application has limited space and in most of the coumns the options are to be ticked.

The reporting authority declins to accept leave application on printed format and give back the copy with sanction, or acknowledge that reportee can leave the HQ.

What should be done.

 

Om Prakash Dhusia (HR assistant)     24 April 2011

Now a days the world has been given to control with a click of mouse and whole of the world can be made topsy turvy with such an tiny gadget, so why you haven't used it to your benefit?

If it had a tiny application format online, does it stop you to send them an email, stating about PERMISSION TO LEAVE DUTY STATION and even if you dont recieve any NOD from your superiors, it amounts to a valid information to the department and that's enough.If the department replies in NEGATIVE then it is considered a NO but if no reply it amounts to acceptance and generally your superiors dont curtail your free movement during vacations.

I hope this suffice your appetite to know.

Regards.

V.Harikrishnan (Labour Law Consultant)     25 April 2011

Dear Sir

Does the condition of service of the officer require him to get permission before leaving the station? If so then leaving the station without permission  becomes a misconduct. The conditions of service may be found in the appointment order or regulations or conduct rules framed by the employer. As you have indicated that the person is an officer, the Industrial Employment Standing Orders Act wil not apply.

With regards

V.HARIKRISHNAN

Om Prakash Dhusia (HR assistant)     25 April 2011

There are many people in India who understand the word OFFICER or OFFICIALS in the context of some part of management excluding the sub-ordinate staff but here the word denotes the whole community including the management and excludes higher echelon who are members of the Board of Directors.

And apart from being the STAFF of any organisation it is a general perception to acquire PERMISSION of your SUPERIOR to leave duty station whether you are on leave or not as you are suppose to remain within territorial limit of your organisation and no rule/act/citation is required to educate you because it is the same as an citizen is required to know the law even if that citizen is literate or not. Can a citizen declare him self INNOCENT after killing another citizen on the ground that he was unaware of such law where killing is a heinous offence?

Dear honorable readers, kindly don't just prolong the complications by submitting illogical views and try to understand that even if an adverse action is initiated by the department on flimsy grounds, think whether the victim has any recourse except to approach court because it would not be that easy as writing in this column.

Regards.

Sudhir Kumar, Advocate (Advocate)     20 November 2011

No remedy even if written request is refused orally or in writing.  The only remedy is to get approval by next higher authority before leaving station.


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