Removed from service due to unauthorised leave

vikram bhawani singh (Querist) 03 November 2014 This query is : Resolved
I was working in PSU insurance company. I was served charge sheet in June 2013 for loss of pay for 380 days. I was on loss of pay for the period mentioned but it was spread over four years. I accepted the charge and replied on 05.08.2013 that all these LOP were taken for UPSC Exam preparation. I resumed my duties on 19.12.2013 and continued till the date of removal from service i.e. 19.09.2014, for a period of nine months. I was under an impression that since I am sincerely and regularly working the Disciplinary authority will consider this and impose a lighter punishment.

Do I have any ground to challenge against this order in court of law? A provision of appeal is with me. Can you guide me in preparing my appeal?

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Guest (Expert) 03 November 2014
Did you get formal approval/sanction of the competent authority for proceeding on LOP at first for the first spell of 380 days and thereafter cor continuing on LOP for the rest of the period till you joined back your duty?

ajay sethi (Expert) 03 November 2014
answer query raised by Dhingraji

Rajendra K Goyal (Expert) 03 November 2014
Author, reply the questions raised by the expert.

Sudhir Kumar, Advocate (Expert) 03 November 2014
facts are not clear:-

(i) did you apply EOL (do not confuse with Loss of pay).
(iii) was the EOL: sanctioned.

vikram bhawani singh (Querist) 03 November 2014
Sorry for the late reply.

I did not apply for Eol as there was no such convention. I always kept them informed about my plans orally. Initially my management supported me but later on due to some personal confrontation with my superiors, I was selectively penalized. Two more employees from my office have unauthorized leave for over 1000 days but no inquiry has been initiated against them. In many similar LOP cases the offenders have went away with slighter punishment.

vikram bhawani singh (Querist) 03 November 2014
@ Dhingra Sir: I did not had any sanction for the leave.

Sudhir Kumar, Advocate (Expert) 03 November 2014
so you were absent without any leave application?

vikram bhawani singh (Querist) 03 November 2014
Yes Sir, I informed orally.

In the first instance did give application for 79 days but later on I did not give any written application.

Sudhir Kumar, Advocate (Expert) 03 November 2014
so the action against you was right and justified.

It appears that the penalty is too severe.

Have you submitted an appeal (well drafted by knowledgeable person)with 46 days (or any other period specified in CDA Rules of PSU)

vikram bhawani singh (Querist) 03 November 2014
I need to file an appeal within 90 days as per the CDA rules. I have drafted it on my own as I do not have any professional source as of now. Need to add few more points and get it reviewed.

I met a service lawyer but was told to first file an appeal and only in case of rejection I should approach him.

Any help on this front will be deeply appreciated.

Devajyoti Barman (Expert) 04 November 2014
Yes, consult a local lawyer and get it filed through him.

Sudhir Kumar, Advocate (Expert) 07 November 2014
While challenging penalty in this case you are perhaps left with limited argument of quantum of punishment as the charges have been admitted by you.

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