Leave from office since 10 months

Ministry of Finance rule! Is it applicable to private sector. I do not think so. Yourself not followed the rules governing your employment and seeking your rights. You are not correct.  Having joined the job duly agreeing for the conditions that apply thereon, you should obey the same.  In case you require transfer, you should seek the same as per the rules of the organisation.  Resorting to fake medical leave and that too without certificate etc. is not correct to say the least. The organisation you are working is perfectly within their rights to order investigation to verify whether you are really sick or not.  Atleast now,ie. before you are found to be guilty of deception, appear before the authority concerned in your employer's organisation and come clean and place your difficulties before such authority.  Rejoin the Office and thereafter try for transfer.  If transfer is not possible, it is your decision to continue or to resign. An organisation cannot be forced by any law to give transfer to its employee.

You have not stated whether you have applied for leave on genuine medical grounds or false / frivolous grounds, which may become complicated when once the investigation commences.

For members, it appears that you wanted a transfer of your choice, and till that transfer is made you continue to be on LOP on medical grounds.  Some one has to invent some medical grounds to avail LOP for a period of ten months continuously and the circumstances you are residing at the present and the daily chores you are attending etc.

You are working for a PSU, what are your priorities ?   The job or the other comforts.  You can not have the cake and it too.  Some initial sacrifices are necessary if you value the job, and you have to establlish your sincerity during the initial days, and whether you have established such credentials or not is not known to outsiders, members.

Like a devil quoting the scriptttures, most of the employees who violate rules, quote such rules that are favouring, ignoring fundamentals.

When oince the investigation has commenced, wait for the outcome, and every thing may not be within your hands now.

vague query

A smart query.  Knowing the violations, suppressing facts, wishing to find a solution to substantiate her like and decision.   Now became common to test the knowledge of other members.

1) If you really have an illness then PSU can constitute medical board to find out kind of illness and whether you are fit or need compulsary resigning from service 2) If no illness found and no record available from your side then Unauthorized absence charges and others will apply straight. 3) If you have not been suspended yet then you can join straight away and receive SCN and depending on your reply you may or may not be chargesheeted and absence may be regularised as LWP with entries in your performane appraisal and CR. 4) Circular for transfer is general guideline and no one can ask for specific location as a condition for joining back on duty. All PSU have HR circulars from ministry mentioning issues like home posting/ change of Department/ posting in other locations across india etc. You must also have signed initial joining report accepting for all india transfers. Transfer consideration is generally case to case. For eg if everyone wants delhi/mumbai then obviously only few can get.

You can send resignation by post enclosing those medical reports.  Who knows, if the HRD official is understanding, he may give a chance, as replacement through another notification takes time.  

Better to join first and then resign before Show cause notice is issued. In that case they most probably would not press charges of unauthorized absence and other major penalty charges like negligence/conduct unbecoming etc, and let you go away clean by accepting resignation. Also resignation has to be voluntary without any attempted blame on PSU otherwise they will not accept and frame charges.

And if you really had serious medical problems and associated depression etc then PSU is the 1st place you should tell. HR / State heads of PSU are most understanding and considerate in such extreme cases. Also your might be having Sick leaves/earned leaves and they can grant balance as LWP. But if you need to resign then better first join and resign. Because once SCN/Chargesheet is issued then even the Chairman will not be able to reverse it ,and you will be dishonorably dismissed for absconding without any reason that was beyond your control.

You need medical record to support sickness mentioned in leave application. 

 

OK Sirs,

Thanks for your suggestions.

You are welcome.