Resignation while absent for study purpose Resignation while absent for study purpose

10 months ago

I am an emoloyee of central govt. PSU. I requested permission from my organziation for 24 months extraordinary leave for study purpose. It was duly forwarded by my competent authority, HoD but it did not get sanctioned from Head HR. I sent multiple reminders all in vain. Initially, I was sick so left my station on medical ground. Since there was too much delay from organization, I proceeded with my studies. Everytime I mentioned "Leave without pay" still management credited salary to my account for 9 months since I left station. One fine day, they send me "unauthorised absence" notice. I replied. Such notice came two times more, I replied to each plus again sent reminder to HR for considering my absence as EOL for study prupose. Now, I want to resign from the service outright due to personal and family reasons. Even my family reasons are very well known to my organization. I want to resign with immediate effect. They are telling, if I join, they will hold disciplinary action, which will take a lot of time like typical govt. Organization. One suggestion came of resigning while still on the so called "absence". My query is will I be called for disciplinary action if I resign with immediate effect. ? I am totally okay with paying the financial obligations which the authorities paid due to their lack of promptness. If I am okay with paying dues, and if they want they can also reduce my work experience

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear client,

In the given situation, when you are issued show-cause for unauthorized absence on the basis of certified standing orders/service rules, until and unless a domestic inquiry is conducted into the said show cause and concluded and disciplinary action is taken for proven misconduct established during the inquiry by the disciplinary authority, even you tender your resignation from the PSU, you will not be discharged from service on acceptance of your resignation being it contrary to HR Policy and practice of the Company. So you need to wait for the conclusion of disciplinary action for tendering your resignation and its acceptance following the established rules.
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Kishan Dutt Kalaskar

Responded 10 months ago

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A.Dear Sir,
You cannot anticipate about the penalties which may be imposed during disciplinary action which may be initiated against you. Take a wise decision.
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