Study leave
Guest
(Querist) 10 August 2017
This query is : Resolved
I am central government
Sudhir Kumar, Advocate
(Expert) 11 August 2017
You have made sure that maximum harm culd be possible to you.
study leave is admissible only :-
if the court is suitable to the profession (you stated nothing like that)
and
person is permanent employee (you stated nothing like that)
and
he has rendred 5 years of service (you stated nothing like that)
and
he has atleast 3 years of service remaining after expiry of leave (you stated nothing like that)
for other studies you need permission of the deptt (you stated nothing like that)
further when you have submitted medical certificate to the deptt then why at all the institution should treat you completing attendance and why not to refuse you to allow taking exam
Guest
(Querist) 11 August 2017
So what i can do now sir is resignation will be the only solution.
Guest
(Expert) 11 August 2017
Leave on medical ground cannot be rejected, provided you have submitted medical in time. At the most the the competent authority could have asked the Civil Surgeon/ CMO of the District Government Hospital for second medical opinion on your medical certificates.
However, you may have to be made liable to justify how you could attend a long course when reported sick for such a long period. A major penalty charge sheet may be in the offing if not yet served.
But, I am sure, you have not discussed the full bare facts of the case. The authorities can't keep silent for such a long time.
Guest
(Querist) 11 August 2017
Dear P S Dhingra sir,
They know unofficially
P. Venu
(Expert) 11 August 2017
There could be some solution depending upon the goodwill of the official superiors and your capacity to manange, but the legal elements suggests none in a disciplinary proceedings.
Guest
(Querist) 11 August 2017
If i give resignation now will they accept.
Guest
(Expert) 11 August 2017
There can be a ray of hope provided you are able to manage to defend your case strongly, if charge-sheeted. It is not necessary that if a person is medically unfit to discharge official duties cannot also be fit to pursue studies.
BUT, you have still not disclosed one crucial fact, whether you took due permission for higher study under the provisions of CCS (Conduct) Rules or not?
But, mind it, the authorities once take up cudgels against an employee do not budge without doing harm to the employee.
But still that depends on how effectively you are able to defend your case in case of a Charge Sheet.
However, Resignation can be much better than dismissal to avoid any slur on your career.
Guest
(Querist) 11 August 2017
Dear P S Dhingra
Thank you for your information sir
Rajendra K Goyal
(Expert) 11 August 2017
Department may dismiss you for your nondisciplinary steps in joining studies when request was turned down by the department, proceed for leave without sanction and on more grounds.
If possible try to get the matter resolved amicably before they start action.
Kumar Doab
(Expert) 11 August 2017
You have applied for study leave and probably have the copy and acknowledgment and evidence that that authority never replied to you and reply was issued to said public grievances portal ................that you had approached!
Guest
(Querist) 11 August 2017
Dear Kumar Doab,
They replied me after launching complaint in pg portal
Sudhir Kumar, Advocate
(Expert) 11 August 2017
The so called acknowledgement of study leave application (particularly when author doe snot indicate any facts indicating eligibility for study leave) is just of NO RELEVANCE. He has neatly woven a web around him.
Sudhir Kumar, Advocate
(Expert) 11 August 2017
You are asking for Good (or) optimum (or) best solution on this free advisory portal. That too without disclosing vital facts. The experts here are not your chatseller who will ask you how much masala you like.
Guest
(Querist) 11 August 2017
Dear Sudhir Kumar sir,
I am asking advices so that I can come up with solution .sorry if it is worng to ask like this
Sudhir Kumar, Advocate
(Expert) 11 August 2017
Be absolutely clear:-
(A) THE AUTHORITIES MAY BE UNOFFICIALLY KNOWING WHERE YOU JOINED COURSE.
They certain have a right to share the facts with the Institute that :-
(i) You are govt employee and have no permission of the deptt to join the course.
(ii) You are submitted a medical certificate that you cannot come to office that implies you cannot attend classes as well.
PERHAPS THE AUTHORITIES IN THE DEPTT KNOW HOW TO DEAL WITH PEOPLE LIKE YOU.
(B) WHEN CHARGESHEET IS PENDING RESIGNATION IS NOT AT YOUR WHIMS. They may like to dismiss you from service and render you ineligible for any govt/semi-govt job. This purely depends upon the mercy of the authorities. YOU HAVE TO FALL ON FEET AND BEG FOR MERCY. You are successful as your best enemy at this stage.
(C) Deptt may have option to file criminal case if you have any govt property with you. You never stated any facts on this aspect being cause of your worry.
(D) The best option is to
(i) BRING YOURSELF OUT OF ALL MISCONCEPTIONS
(ii) SHED EGO AND ARROGANCE
(iii) BEG FOR MERCY OF THE AUTHORITIES either to condone absence as dies-non (which may not be possible now) or atleast accept resignation.
(iv) BEG IT REPEATEDLY AND RELENTLESSLY.
Guest
(Querist) 11 August 2017
Dear Sudhir Kumar sir,
Thanks for u r patient reply
Guest
(Expert) 11 August 2017
Dear Rajeshwar rao,
If no response is received on application for permission for 30 days and more the permission can be deemed to have been granted under the provisions of CCS (Conduct) Rules.
If you have stated the facts, the case of the administration seems to weak due to inaction on their part on your application for permission. If the permission was not intended to be granted, they were also at fault by not responding to your application within 30 days.
CAUTION: Don’t waste money by clicking on “Click to Talk," as appearing below my ID.. I don't prefer to respond to calls received through LCI.
Guest
(Expert) 11 August 2017
Further, if no charge sheet has been served as yet, the administration won't be justified to refuse to accept your resignation. Resignation can be accepted even if charge sheet pertains to minor penalty, if served.
CAUTION: Don’t waste money by clicking on “Click to Talk," as appearing below my ID.. I don't prefer to respond to calls received through LCI.
Sudhir Kumar, Advocate
(Expert) 11 August 2017
you have not even made a whisper of the conditions of admission and want to know about the danger to academic career.
Do you think this forum to be astrological forum.
Sudhir Kumar, Advocate
(Expert) 11 August 2017
You are not even sharing whether you applied for permission to higher studies (not the leave what you call study leave)
Sudhir Kumar, Advocate
(Expert) 11 August 2017
You have sought solution.
OK
You have been told the solution (free of cost) that you have to beg for mercy. You have no other choice.
Yes you have a choice to waste a wad ful of money and run behind CAT lawyers.
Sudhir Kumar, Advocate
(Expert) 11 August 2017
Is it true that you have launched a complaint in PG Postal while facts so far given by you do not hind of any sustainable greivance.
Kumar Doab
(Expert) 12 August 2017
Dear LCI Querist @ Mr.rajeshwararao,
It is expected that when a querist addresses Expert responding to the query proper title Mr/Mrs/Shri/Shrimati ............is added..
Kumar Doab
(Expert) 12 August 2017
Your prime concern was Course that you wanted to pursue and your post indicate you were never worried............
Your office, superiors were aware that you have been attending course while on sick leave.............and vice versa.............. that you were aware that your superiors are aware....
Now the superiors want to steer the matter and case in a harsh manner to penalize you......
Probably because they feel that your case is setting a wrong precedence..........
Have you not tried to strike rapprochement and buy peace with superiors that matter!
