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Can bank terminate my service on leave without permission

Shivendra Pratap Singh

Advocate

06/05/2021

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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.

Question from: Madhya Pradesh

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 advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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