Legal Advice

Refused leave on pending departmental inquiry

Question: I have applied for sabbatical leave for the higher education of my son. The bank has refused the leave application due to pending departmental inquiry. Can the bank refuse my leave application in such a manner? I am facing a disciplinary proceeding for sanctioning a loan without inspecting the collateral. However, I have committed no fault in sanction of loan but my superior officer has made me a scapegoat in that case. He was the responsible person to check the value of collateral and sanction a loan for the amount more than two crore rupees. The bank has been harassing me and does not sanction my sabbatical leave. Can I go on unauthorised leave?


You should not go on leave without obtaining prior permission of the competent authority. The bank can suspend you immediately on the basis of unauthorised absence. It will have an adverse effect on the pending departmental proceeding. Hence, you should approach the superior officer and show him that there is genuine reason for leave and you will not flee from disciplinary proceedings.

Approach the Central Administrative Tribunal

If the superior officer has also rejected your application due to pending departmental inquiry then you can approach the CAT. You should challenge the order of superior officer and file an OA before the CAT because you have the right to take leave for educational purpose.

Your involvement in sanction of loan and chances of conviction in departmental inquiry will decide your case. The sanctioned loan is more than two crore rupees. If you are not a competent or decision making authority to sanction a loan exceeding two crore rupees then the chance of conviction is very bleak.

Your superior authority has the responsibility to check the collateral and other necessary documents for sanctioning a loan of more than two crore. The superior authority had checked all the documents and collateral then decided to sanction that loan. He has approved the loan and sent it to your branch for disbursement. 

Refusal of leave on pending departmental inquiry

The facts of your case prove that you are not involved in sanctioning a fraudulent loan. You have just relied on the approval of a superior officer and disbursed the loan in the borrower’s account. Hence, you are entitled to get sabbatical leave despite the pending departmental proceeding. 

The departmental proceeding is vague and you have been falsely implicated. Therefore, refusal of leave application due to pending departmental inquiry is unjust, improper and without application of judicious mind.

Shivendra Pratap Singh


High Court Lucknow