double punishment
bijay prasad
(Querist) 13 August 2016
This query is : Resolved
My one friend employed in Railway was unathorized absent from duty for one month. During enquiry he defended his absent on medical ground as he is suffering from acute lumber pain . but his appeal was not accepted and he has been awarded with punishment of stoppage of next increment for six month and his absent period is granted as "no work no pay" . and no payment given to him for the said period. staff concerned has earn leave and medical leave in his account. Does not these punishments amount jeopardy punishment I.e double punishment for same offence.
Sudhir Kumar, Advocate
(Expert) 14 August 2016
staff concerned has earn leave and medical leave in his account.
LET HIM HAVE EVEN 300 DAYS OF EL CREDIT BUT NOT EVEN A SINGLE DAY LEAVE IS SANCTIONED SO GETTING SALARY FOR THIS PERIOD IS OUT OF QUESTION.
Ms.Usha Kapoor
(Expert) 14 August 2016
Although your employers without taking into account your sickness such as lumbar pain stopped your increment and didn't take into account your /sickness leave and service leave standing to your credit is inhuman if your service rules provide for the same we can't do anything about it. If it is ultravires the service rules we can initiate proceedings in Labor court on the ground of employer's acting ultravires the service rules without giving you the benefit of sick leave etc.This is the first time you were unauthorized absent on account of lumbar pin. It's a sort of double punishment.
Dr J C Vashista
(Expert) 14 August 2016
I agree with the expert advise of Mr. Sudhir Kumar, your friend got lightest punishment, however, if he still feel aggrieved may approach in appeal before next higher authority followed by filing case in CAT.
I respectfully disagree with the expert advise of Ms. Usha Kapoor as the railways (employer of the friend of author) have their own hospitals where the employee can get admitted/treatment. The punishment awarded is very lenient, valid and there is no legal infirmity.
Patient having lumber pain do not get indoor treatment and can not get sick leave.
However, the employee was required to seek permission from concerned authority for leave of absence, which he preferred to avail at his own, unauthorizedly and illegally.
Rajendra K Goyal
(Expert) 14 August 2016
Agree with the expert Sudhir Kumar and Dr J C Vashista.
P. Venu
(Expert) 14 August 2016
Is the person involved your friend or you yourself? If the case is the former one you are ill informed and in the latter case, you have not disclosed the complete facts.
Anyhow, the punishment, certainly, was awarded after due inquiry. And whether leave was duly applied for and/or denied is a question of fact.
Hence please post all the material facts.
Kumar Doab
(Expert) 14 August 2016
Similar query has been discussed by other querist many times.
Lumber pain and Lumbar Spondylosis may be indifferent connotations.
Doctor might deem it fit to assess complications advise diagnostics examination, bed rest for 2-3 or even more days, and if problem persist, further examination for complications and further interventions.
30 days for Lumber pain ( claimed as just lumber pain) without any medical record is just excuse to escape.
Punishment is light.
You may reply to the points raised by Mr. Venu.
Guest
(Expert) 14 August 2016
After how many days he submitted his medical certificate from the date from which he was absent?
Also, whther his medical certificate was from a private doctor or some authorised medical attendant?
