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Harrassment by higher officer

Guest (Querist) 05 August 2014 This query is : Resolved 
hi.. i am a government medical officer in gov medical college in karnataka.it is a autonomous institution.. my problem in work place is
i have applied for leave without pay for 6 months. 11 days prior to my date of leaving.i have given the letter in a proper format and on the xerox copy taken the signature of the incharge officer and the technitian who received it and also the seal of the department with inward no. and left it to proceed it to HOD.i called HOD and informed regarding this. i came back after 3 months because leave was enough for me and wanted to join back... when i came back and given my wish to join back in writing it was refused telling that i have not informed regarding my leaves when i spoke about the phone call i got the ans that phone call is not enough.when i enquired regarding my letter all the information was hidden as per instruction by HOD .but i saw the register that the letter was forwarded on the day when i came to join back.. HOD is telling letter is lost. KINDLY HELP ME WITH THE ISSUE AS SOON AS POSSSIBLE...
Sudhir Kumar, Advocate (Expert) 06 August 2014
as long as you are not suspended you cannot be stopped from joining your duties unless inbetween ther eis a transfer.

even if thre is a transfer you will join old office and relieved.

you are bringing in the concept of rural posting for confusing the matter.
Guest (Querist) 06 August 2014
i mean to say that my hod told me because i have not informed her she is not happy and she will be posting me to rural area if the joining is accepted after discussing with principal.i am waiting for principal since 5 days he is out of town.it is a simple thing was it necessary to make it an issue like this?
R.K Nanda (Expert) 06 August 2014
send letter to principal of medical college.
Guest (Querist) 06 August 2014
i want to know whether it is correct procedure to submit the joining letter directly to the principal ? as i am joining the department back not the college.i am alredy the employee of the college..
Guest (Querist) 06 August 2014
one more query is last time i put long EL and in between i wanted to cancell for 5 days. i have done all the formalities but my salary was not done for those 5 days and in the salary slip it was given EL.. one more thing is we are deputed to the rural and urban areas but we are asked to do the biometric fingerprinting in the college and then travel to the respected area .. is it correct?
R.K Nanda (Expert) 06 August 2014
that depends on ur appointment letter conditions.
Guest (Querist) 06 August 2014
do we have to request for months each time to take our LEAVES even after completing all legal procedure? does it require 3 months to forward the lettr? is it not the misusing of the powers?
Guest (Querist) 06 August 2014
my problem is
1. every time requesting for months for wanting leaves though i have enough leaves balance.
2. too much delay in forwarding any application.
3.unnecessary creating consequences though everything is correct .
do u suggest anything to solve this?
R.K Nanda (Expert) 06 August 2014
file written complaint about harassment done by HOD to you, to principal of medical college or file writ petition in high court against irregularities of college.
Sudhir Kumar, Advocate (Expert) 07 August 2014
your charter of duties are not legal queries. These are not taught in LLB in any university.
Sudhir Kumar, Advocate (Expert) 07 August 2014
THERE IS NO RIGHT TO GET LEAVE AS AND WHEN APPLIED.
V R SHROFF (Expert) 07 August 2014
Your duty as a Medical Staff/ Dr. call for previous written sanction of Leave, as it exceed a month,
YOU WERE NEGLIGENT TOWARDS YOUR DUTY..
T. Kalaiselvan, Advocate (Expert) 09 August 2014
Being a medical officer working in the government concern you are held at a good esteem, hence you should have behaved in a more responsible manner instead of picking up quarrels over the silly and sundry issues, that is why you are not able to get cooperation from your department head. Better look for amicable settlement of issues instead of thinking of any legal recourse which may affect the future career.
Guest (Expert) 09 August 2014
There is no ban on cancellation of leave any time during the currency of leave. Your application for cancellation, itself, is treated as intimation. However, joining depends upon the date of approval by the competent authority. You may better read leave rules of the Government of karnataka, read the rule about cancellation from leave and bring that to the notice of your HOD. It seems, your HOD was interested in favouring some someone to get benefit of officiating arrangement in continuation till six months.

However, if the HOD has refused in writing to join you, you can appeal to the higher authorities and get your period between the date of your application and the date actually you join, as duty period on account of the illegal refusal by your HOD. If appellate authority also toes the line of your HOD only then you should approach the State Administrative Tribunal.


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