Can bank terminate my service on leave without permission

by Shivendra Pratap Singh | May 6, 2021 | Civil Matters, Service Matters

Can Bank terminate my service on leave without permission. I am posted as clerk in Dena Bank (now bank of Baroda). I was absent from 15th of December to 16 April and again from 13 may to 22 oct in the year 2020. However, I had submitted medical certificate from Dec to Feb. and from may to Jul. I do not have medical certificate from Jul. to oct ( till I joined). Also I have completed 7 years of service without any Loss of pay. But due to some serious medical condition I was in hospital for three months. Later on I have resumed my duties. I was again suffering from same medical condition also I changed 3 doctors for same. Now I have resumed my duties. 

You have resumed your service. The bank has given its consent to carry on your services.The bank has permitted you to resume your service hence, you have resumed on the consent of the bank. That consent will act as an estoppel. 

The rule of estoppel will prohibit the bank from terminating your service. However, the bank cannot terminate you but it has the right to treat your leave period as a leave without payment. Then you cannot seek salary for that duration in which you had been on leave without permission of the concerned officer. 

Termination on leave without permission

The bank can terminate an employee when he has been on leave without permission. Permission of leave from a competent officer is mandatory. The service condition is governed by the terms of service rule. Leave without permission constitutes an act of misconduct. The bank can initiate disciplinary proceedings for such a misconduct. If an employee cannot furnish sufficient reason for being on such a long leave without permission then the bank can terminate the service of the employee.

You have not received any notice from the Bank

You have not received a notice from the bank at the time of resumption of service after leave. It shows that the bank did not treat your period of leave as an act of misconduct. Therefore, the bank has exonerated your conduct. Thus, in this situation the bank has no right to terminate your service. 

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Related Matters

Admit card cancelled due to ineligibility for the post

Admit card cancelled due to ineligibility for the post. I submitted the application form on 12.05.2024 for the post of pharmacist. The result of final examination of B. Pharma was declared on 19.05.2024. I qualified that examination and appeared in the preliminary…

Bank refused to obey the order of Lok Adalat

Bank refused to obey the order of Lok Adalat which was passed upon the compromise. There was a dispute regarding the payment of credit card outstanding. The matter was resolved and I deposited the amount fixed by the bank after deliberation. Then the court has…

Subsequent proceedings in arbitration matter

Subsequent proceedings in arbitration matter and challenge of award passed by the arbitrator. I want to challenge arbitral award, so I want to know how to challenge that award? There was dispute regarding enhancement of construction work. The tender was allotted in…

Civil court dismissed suit for want of jurisdiction

Civil court has dismissed suit for the want of jurisdiction and said that the suit should have been filled before the labour court. My claim was to recover money from the sugar factory who has withheld my arrears. The court expressed its view that the subject matter…