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Raj Agnihotri (Officer)     31 October 2010

Regarding Absconding

I got selected into a govt bank few days as a probationary officer. I served for 1 week and now I want to leave. The guidelines say that I need to give a 3 months notice period or pay 3 months salary. I haven't taken any accommodation facility or any other facility. Its just been a week. I don't want to join any other company. I requested the bank people to terminate my employment. But they are saying you will have to serve the notice period or pay the money. Please suggest what to do ? I am really tensed and even thinking of leaving just like that without letting them know. But will that lead to "Absconding" problems ? Please help.

Thank you,



 8 Replies

Rashmita Saikia (Lawyer)     31 October 2010

I think you have to serve the notice period, for clarification read through your appointment letter or employment agreement if any. If you continue, you may also like the job just try to continue for one month atleast before you make any decision.

V. VASUDEVAN (LEGAL COUNSEL)     31 October 2010

Please read the terms carefully. Usually the 3 months apply to only post confirmation and during the probation the notice period or pay in lieu would be much less. Also, to be honest one cant understand the rationale for quitting without having a better prospects!

Raj Agnihotri (Officer)     01 November 2010

Thanks for your replies. 

What is the worst case scenario if I just leave without informing them ? 


darshana sawant (associate consultant)     02 November 2010

we need to examine your appointment letter as a probationer.  In case of probationers notice period may be different.  pls check that clause or put up a copy of the appoint ment letter for perusal, so that appropriate advice can be given.

Raj Agnihotri (Officer)     04 December 2010

I sent them a letter stating that due to ill health I cant join; to which they replied that I will have to pay 3 months notice period money. I again replied stating that I dont intend to resignation, but I am not physically and mentally in a position to work. To which they again replied that I either resign or submit a leave letter with them. I dont want to work. What shall i do ? Can anyone force me like this to work ? I am not financially stable to pay the money as well. Please suggest. What will happen if i dont do anything and just stay back at my place ? I have not absconded. I have intimated them. Please help.

Kirti Kar Tripathi (lawyer)     06 December 2010

You can leave just now even without serving any notice or resignation. This will amounts to absconding from from duties and for taking any action on this account the bank authorities have initiate disciplinary proceedings and ultimate result of that proceedings will be the termination of your employment.  This will not requires any notice pay. In case, you resign from services you are liable to give notice under your contract of service. Which is Civil consequence and in case, you do not give any notice or fail to pay amount under it, the Bank has to file Civil suit. Thus be ready to make payment under the contract.  

1 Like

Amit Gautam (Engineer)     16 December 2010

Dear Kirti Sir,

can we challenge the amount raised by the company ? In my case company had asked to me sign the bond woth surety amount to 85000/-  (which i was ready to pay) but the copmany put the 18% interest/annum on surety amount that i am not ready to pay.

Please how can i proceed to settle this



Kirti Kar Tripathi (lawyer)     16 December 2010


yes, you can challenge. In case the condition of interest was not in your contract and same has been added without your consent. No party has any right to add or amend any condition unilaterally. Moreover, for claiming such amount the employer has to file a civil suit which involve huge court fee as well as time. Normally no employer indulges itself in litigation. Thus in case, you are ready to pay the balance amount, send intimation in writing showing your willingness (Actual payment is not necessary), the compliance   of conditions from your side is completed.


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