Removal from service
Naresh
(Querist) 21 November 2015
This query is : Resolved
I have been removed from a PSU insurance company after 38 years of unblemished service, due to Unauthorised Absence of more than 90 days. I have submitted Medical Certificates stating my ill health and depression. My appeal for reinstatement has also not been answered for last 4 months.I have only 8 months left for retirement. I am a penson optee and this removal will deny me of my terminal benefits, gratuity and pension.Is there any way whereby I can claim reinstatement or my benefits??
Pls help me out.
Regards
Naresh
varimu2@gmail.com
Sudhir Kumar, Advocate
(Expert) 21 November 2015
you have elaborated nothing about the procedure followed. so no comments can be made if the proceedings could be challenged on procedural grounds.
Kumar Doab
(Expert) 21 November 2015
You have posted that:
" I have submitted Medical Certificates stating my ill health and depression. "
"I have been removed from a PSU insurance company after 38 years of unblemished service, due to Unauthorised Absence of more than 90 days."
Both are contradictory.
Do you have POD of having submitted these documents?
Was your leave approved or rejected or were you asked to get medically examined?
Share full details.
Rajendra K Goyal
(Expert) 21 November 2015
Full case file need to be referred including outcome of disciplinary proceedings held if any?
Consult local lawyer.
T. Kalaiselvan, Advocate
(Expert) 30 November 2015
A local lawyer would be able to guide you properly on all such further issues.
Naresh
(Querist) 30 November 2015
Thanks for the response sir. I had resigned from service in 2007, but my resignation was not accepted by the company " Vigiance clearance not available". In the meantime I fell sick and could not attend office for sometime due to illness( depression)and personal tragedies. In Nov 2011 I went to join service as my resignation was not accepted till that date, but was not allowed to do so. But after a lot of correspondence I was allowed to rejoin in May 2012. Immediately a departmental enquiry was instituted in June 2012. The proceedings started in February 2014 ( no delay on my part). I fully cooperated with the enquiry and we were able to finish off the same in 2 days. Enquiry officer recommended a lenient penalty to the competent authority.The decision of the DA came in April 2015 and it was " Removal from service". The whole process took more than 29 months. I was 'removed' from service with only this remark and nothing was mentioned about my gratuity, pension or other benefits.
I appealed against the order and it is more than 8 months, it has not been replied to. My salary is stopped from May 2015.
Do I have any rights for my terminal benefits?? Is there any time limit for inquiry report to be submitted or response of DA or appeal?
I am not working anywhere.
Regards
Naresh
(Querist) 30 November 2015
I have also submitted my medical certificates for the period of my alleged Unauthorised Absence from my treating doctor.
T. Kalaiselvan, Advocate
(Expert) 30 November 2015
You still have chances to claim terminal benefits because the disciplinary authority is silent about it and just removal from service cannot be construed as you are not entitled for an benefits, it should be mentioned in writing, wait for the outcome of the appeal.
Naresh
(Querist) 01 December 2015
Thank you sir, pls also advise about the time limits and also if the same can be taken as a plea before Hon'ble court for enquiry itself to be set aside???
