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Unauthorised absence

(Querist) 12 August 2019 This query is : Resolved 
I had applied for 5 days LAP which was rejected by my controlling on file noting and still i proceeded on leave. Formally, i got my leave rejection letter later when i came back. During the course of leave, no formal message or call from my authority regarding consequence or ordering me to join duty within specified date came, only 1 whatsapp message was there. Now, chargesheet for insubordination is being issued against me and i have to reply to that chargesheet. I, too, don't want to prolong this matter. So, what should i write in my reply? Should i apologize for my act straightaway or should i mention about all this procedural lapses (not sure)???

kavksatyanarayana (Expert) 12 August 2019
Ji, in which organisation are you working? The Leave Rules are vary for Central Govt/State Govt/PSU. However to me, as per your query, there is a Whatsapp message. You have to submit reply atleast on whatsapp. chargesheet is being issued, you request your Disciplinary Authority stating the you are not in a position to submit leave application in time due to unavoidable circumstances you faced. And finally ask excuse and state you will be careful in future. Best of luck.
Gaurav Rajpal (Querist) 13 August 2019
Thanks for the reply. I work in central govt. and i have responded to whatsapp by calling my controlling authority. For the last bit and that's why i am confused about what to mention in reply to chargesheet is that i had already submitted my leave application well in advance. So, my Disciplinary Authority doesn't want to punish me severely but he needs convincing reply.
KISHAN DUTT KALASKAR (Expert) 14 August 2019
Dear Sir,
Please consult your senior colleagues and try to convince your employer and submit your unconditional apology and see that charge sheet is taken back.
P. Venu (Expert) 14 August 2019
Facts posted suggest no convincing defense. What was the reason for proceeding on leave?
Sudhir Kumar, Advocate (Expert) 15 August 2019
apology is a license for deptt to issue any penalty order.
Sudhir Kumar, Advocate (Expert) 15 August 2019
repeated

http://www.lawyersclubindia.com/experts/Unauthorised-absence-710726.asp
Gaurav Rajpal (Querist) 15 August 2019
Thanks everyone for your valuable advise. Now, i got clarity about what to do. Thanks Sudhir ji, for clearing my confusion on whether to apologise or not.


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