Service Matters

Company is not issuing no objection certificate

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I was working for a Pvt mining company in Rajasthan as a mining engineer. Company is not issuing a no objection certificate (NOC). Instead, the company has issued only an experience certificate. I had submitted my resignation as I was unhappy with the company and their working methods. I had completed my 1 month notice period and they wanted me to submit my old belongings to the company and get no dues signed, which I did. 

After that the company handed only experience letter whereas they should have even given me NOC certificate which they haven’t because of which I’m not able to join any company as they require it and during this pandemic it’s taking a toll on me without the NOC I can’t work at any mining company I requested them to provide me one but they are not willing to issue one.

Termination without notice

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I’m working in a private company under a work agreement. That contract does not allow the employer to fire the employee without expiration of notice period. My company has terminated. The termination is without notice. The company has fired me without notice and expiry of a thirty days notice period. What should I do when a company has breached the terms of a work contract? My total service period is sixty nine months. Does an employee have any right if he is fired in violation of the terms of agreement?

Charge sheet without preliminary inquiry and show cause notice is illegal

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I have been working in the Postal Department since 2011. My past service record is very neat and clean in all respects. My senior officer did not sanction medical leave and stopped my salary for two months. He is also a disciplinary authority and he issued a charge sheet without preliminary inquiry and a show cause notice. I am facing mental harassment by a government officer who is very rude and treats his subordinate officer as a slave.  

One day when my illness became worse (there is some problem in my cervical spine and that is why I am suffering from cervical spondylitis), I applied for leave from home as my condition didn’t allow me to go to the office. My employer asked me to submit medical documents and I submitted the same, but he didn’t grant my leave and asked to join the office. Otherwise disciplinary action may be initiated against me. He also sent my medical documents to the CMO office for a second opinion.

He sent me three back to back notices directing me to join the office, but I didn’t join due to my health. I am assured that I will join the office as soon as I become fit. In spite of this, he served a charge sheet to me for submitting representation within 10 days. More importantly the opinion of the CMO is still pending.

I want to ask if my department gives me a punishment order or any other punishment like transfer etc. Can I file a court case against the department? Besides, can an OA or WP can be filed against them for not granting my leave and for holding my salary in spite of submission of medical documents?

Can bank terminate my service on leave without permission

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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.

Can I request for disciplinary proceeding against PDO?

I have filed complaint on one Govt employee who is a retired PDO in department of Zila Panchayat, on him FIR lodged in concerned police station. Now can I request for disciplinary proceeding against him? Is it possible or not and to whom should I request  to the same? Please suggest me Sir. Thanks.

Whether sanction is necessary for retired employee

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Whether sanction is necessary for retired employee? A loan was sanctioned in August 2012. CBI admitted the case, employee retired in 31st march 2013. The bank filed complaint with CBI without charging sanctioning authority in 1.6 2017. CBI filed case on 30.07.2019 without taking approval from sanctioning authority. Case was admitted in CBI court. Bank subsequently refused permission for prosecution and sanction was denied. Recently case is standing at the point of charge.

As the bank has filed complaint after four years with CBI and also sanction have denied by the bank. Whether discharge is possible under above circumstance.

Leave for educational purpose

I am working in a public sector bank and want leave for educational purpose. I am pursuing a course in distance education mode. The examination is going to conduct very soon. A date has fixed. I want leave for appearing in the examination. Can I claim the leave as a right? Can I move legally if bank management is not permitting leave?

University is refusing to reinstate me after acquittal in the criminal case

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University is refusing to reinstate after acquittal. I was working as a clerk in the university. The University has initiated a departmental proceeding against me and filed a criminal case under the Prevention of Corruption Act. University has made an allegation that I take a bribe for submission of the thesis. The court has acquitted me because the prosecution failed to produce any credible evidence of illegal gratification.

When the court acquitted me, I approached the Vice-Chancellor to reinstate me immediately. He does not want to reinstate therefore causing a delay in taking a decision in my case. I have written a letter to him to reinstate me as early as possible. He replied that a departmental enquiry is still pending, therefore, reinstatement is not possible.

The departmental enquiry is pending because the enquiry officer is still waiting for the copy of the statement from the investigating officer. The investigating officer said that he had produced the police report to the concerned court therefore it was not possible to provide a copy of the statement of the witness.

Celebration video got viral in social media amid lockdown

I’m a government employee, during corona all our office staff had a bday celebration and dance. That video has been leaked to the media and they have telecasted it multiple times. It has spread in social media. This incident had made it so big that we and our families suffered a lot. Consequently, we were suspended yesterday. Can we fight on this issue?

The employer can convert unauthorised absence in the leave without pay

An employee of the public sector bank remains absent from work for 18 to 20 days in a month. He is attending the office only for 10 to 12 days in a month due to spinal problem. The employer can convert unauthorised absence in the leave without pay. When the employee took leave on a particular day the employer marked that leave as leave without pay or an unauthorised leave.

The employer has counted public holiday and Sunday in the unauthorised leave. therefore, The employee suffered a lot due to such an illegal act of the employer. If the employee clears the UPSC examination then would there be a problem in getting NOC from the employer?