Vivek H Bedarker (A) 21 July 2016

Resignation - don't know what to do

Sirs I am working in an oil PSU and recently I had taken treatment for depression and was also under long leave, part of which the management has considered as unauthorized absence (from Jan - Apr 16. Now sir I want to resign but verbally management has informed that they would be issuing show cause notice for UA. However for past 3 months they have not issued it. Sir what should I do? Also I want to resign peacefully and not due to any disciplinary action. I have many EL under my account and had also offered to either adjust them against my absence. But neither are they adjusting nor issuing notice, but only verbally informing that they would soon be taking disciplinary action soon.

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10 Replies

Sudhir Kumar, Advocate (Advocate) 22 July 2016

"I had taken treatment for depression and was also under long leave, part of which the management has considered as unauthorized absence (from Jan - Apr 16. "

If you have not applied any leave with medical certificate and if applied not granted then the period will be treated as UA.

Sudhir Kumar, Advocate (Advocate) 22 July 2016

"Now sir I want to resign but verbally management has informed that they would be issuing show cause notice for UA. However for past 3 months they have not issued it."

So you simply boast that you will resign (verbally and no resignation has been submitted.Why should the management trust you that you will resign. They have to take disciplinary action thrust up[on by you.

Sudhir Kumar, Advocate (Advocate) 22 July 2016

"Sir what should I do? Also I want to resign peacefully and not due to any disciplinary action."

Given facts d not at all show that you have submitted any resignation.

Sudhir Kumar, Advocate (Advocate) 22 July 2016

"I have many EL under my account and had also offered to either adjust them against my absence. But neither are they adjusting nor issuing notice,"

Merely having EL in credit is of no consequence unless it is applied and sanctioned. Given facts do not indicate that you at all applied for leave.

but only verbally informing that they would soon be taking disciplinary action soon.

Sudhir Kumar, Advocate (Advocate) 22 July 2016

" but only verbally informing that they would soon be taking disciplinary action soon"

no resignation can be accepted after action has been initiated.

Sudhir Kumar, Advocate (Advocate) 22 July 2016

Under these circumstances (unless facts not disclosed dictae otherwise), it cannot be sure that you will be dismissed for absence of a few months.

It appears that action against you is withheld (not very late) because of you verbally boasting of resignation and not resigning. They may be waiting for resignation so that they can get rid of you easily. But there is no resignation from your side.

Under these ciircumstances you do nto have any right to get absence regularised with or without resignation. You have to beg for mercy.

chetan 22 July 2016

brother if you were really taking Dipression Treatment then show them your Medical Certificate and request them for condone. why you want to resign the job?

are you in probation or confirmed?

your total time period of service?

Did you intimate them about treatment in UA on mobile or by any communication mediu?

Goverrnment officials always thinks that people intentionally absconding but in many case, employee was suffered, this approach is not good,it is mental agony for employee.

write here the complete facts :)