Adam 12 February 2026

Request for legal opinion on government service misconduct and unauthorized absence matter

We need your legal assessment and representation in a service matter concerning Person A, a government employee in the Maharashtra Health Department since 2003. Records obtained through RTI show that between April and August 2007 he remained absent from duty and the department officially marked this period as unauthorized leave. During the same time, he joined Konkan Railway Corporation Limited as a trainee under the land-loser scheme, but KRCL records confirm he did not complete training, absconded without resignation, and received no stipend. Our concern is that his conduct may constitute violation of service rules, possible concealment of employment status, and misuse of a land-loser quota opportunity that could have gone to another eligible beneficiary from the same 7/12 landholding. We want to evaluate what legal remedies or departmental actions are still possible, what penalties can realistically be pursued at this stage, and what strategy would be strongest if we intend to initiate proceedings or file a formal complaint. We would like your opinion on legal grounds, limitation risks, evidentiary requirements, and the most effective course of action.

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 13 February 2026

In what way you are affected by this conduct of the employee.

If you are asking from employer side then the rules prescribed under service law or regulation will have proper set of procedures to be adopted for departmental action, you may peruse the relevant laws and pursue the matter accordingly.

Adam 13 February 2026

I am directly affected because the employee secured a trainee position under the land-loser rehabilitation scheme while already being in state government service. That position could have been allocated to another eligible beneficiary from the same 7/12 landholding, including myself. His conduct effectively blocked or delayed the rehabilitation opportunity intended for genuinely unemployed land-loser candidates.

kavksatyanarayana (subregistrar/supdt.(retired)) 13 February 2026

If the facts posted are genuine, you shall complain to the higher official of his department.

T. Kalaiselvan, Advocate (Advocate) 13 February 2026

It is a government organisation, you can get your grievances redressed through the redressal machinery available in all the departments. If he has committed any fraud then the concerned department will take appropirate action as per procedures of law. You cannot say that you are affected by him, your grievances are against the government department and not against him, hence you take action against your department by following the due process of law instead of grumbling against your colleague, which will never fetch you any relief