Absconding govt employee

Querist : Anonymous (Querist) 27 January 2012 This query is : Resolved
A friend of mine had joined Airport Authority of India as trainee engineer in august 2009.Due to serious family problems he stopped attending office after one month of joining as no leave credit was due in his account.After that a letter was send to his postal address to join immediately within 3 days.He replied that he couldn't join due to family problems. After this no further letter was sent from the office.After two and half years now he want to join service. I want to ask your legal point of view on following points
1.Can he join again A.A.I? If yes what is the process?
2a.Since company has not send any further information what will it do if he approaches them to give a chance of joining?
2b. what type of disciplinary proceedings can be started against him and what types of penalties imposed?
3.Can he resign from his post at present ?.AS TERMS OF OFFER OF APPOINTMENT Which states that service can be terminated by giving one month notice by either parties.
4. Can he join other govt company without sending any letter to this company?
Please reply and give advice it is very urgent

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ajay sethi (Expert) 27 January 2012
what is the urgency? for 2 years he dosent attend office . now after 2 years wakes up from slumber . which company will keep such an employee

company must have terminated his sevices by now . make enquires with the company

Advocate. Arunagiri (Expert) 27 January 2012
Check with the AAI regarding his current status. and act accordingly.

He can join in other govt company, by disclosing his employment with AAI.

Querist : Anonymous (Querist) 27 January 2012
Sir, the company has not started any action against him . please advise as he has selected in other company can he join or not?Pl give ur valuable opinion.
Thank you

Sudhir Kumar, Advocate (Expert) 27 January 2012
In the given circumstance (if he was an employee not a mere trainee) the Authority could have initiated a disciplinary case of unauthroised absence and in case he did not respond to chargesheet or Inquiry notice the ex-parte Inquiry could be held and he could have been removed from the service. In such case he would have received a lot of communications Notice/Change sheet/Appointment order of IO & PO / notices by Inquiry officer / day to day proceedings of the inquiry / Inquiry report / penalty order.

But this procedure will not be needed for removal of a trainee.

Now your questions are replied as under :-

1.Can he join again A.A.I? If yes what is the process?

Ans : Ye he can join provided he was employee (not a mere trainee as apparent from your post) as he is not terminated. In case an employee is terminated, even during probation due to a specific misconduct (absence without leave) the said termination if without mandatory opportunity of defence as per CDA rules of Authority is not sustainable

2a.Since company has not send any further information what will it do if he approaches them to give a chance of joining?

Ans : Go and join.

2b. what type of disciplinary proceedings can be started against him and what types of penalties imposed?

Ans : He can be dismissed on the charge of long unauthroised absence.

3.Can he resign from his post at present ?.AS TERMS OF OFFER OF APPOINTMENT which states that service can be terminated by giving one month notice by either parties.

Ans : You have not been able to differentiate between resignation and termination. He can resign and also serve notice of termination. Both are different things.

4. Can he join other govt company without sending any letter to this company?

Ans : CERTAINLY NOT. YOU HAVE MISTAKEN A STATUTORY AUTHORITY AS A MERE COMPANY. If he was not a mere training and has not received any termination / dismissal letter then he is on the rolls of authority. If he applies in any Govt deptt /company /aurhotity then whether he will hide previsou emoployment and addresses in the attestation forms.

Raj Kumar Makkad (Expert) 28 January 2012
rightly advised by experts.

prabhakar singh (Expert) 29 January 2012
well advised by experts.

Absconding govt employee

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