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Unauthorised Leave

Shivendra Pratap Singh

Advocate

14/02/2016

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Sir, If anyone working in State Bank Of India at a clerical post applies for UPSC or State civil services are it necessary to take prior permission of competent authority for appearing said examination, if not taken and applies for two days of casual leave to appear the said examination.

Can his leave request be denied and will be asked to show the permission of competent authority by branch manager for appearing said examination at the time of sanctioning leave. If the employee went after the rejection of their leave and appear the examination.

Can his absence in-branch be taken as unauthorised? What are the guidelines regarding this and how to prove that this leave was right and it can’t be counted unauthorised?

No leave or extension of leave shall be deemed to have been granted unless an order to that effect is passed and communicated to the employee concerned. Branch Manager is the competent authority to grant casual leave to the officer subordinate. The employee has no right to get leave on demand. Whenever exigencies of service require to leave can be refused by the competent authority and it shall always be communicated to the employee in writing by the competent authority.

An employee shall be entitled to casual leave up to a maximum of 12 days in each financial year. the prior permission of the sanctioning authority shall be obtained before taking such leave. When this is not possible, the said authority shall be informed, as soon as practicable in writing or if it is not possible, orally or through any person, of the employee’s absence from work, the reason thereof and of the probable duration of such absence.

In any event, a written application shall be submitted to such authority latest on the day the employee resumes duty. Casual leave is only intended to meet special or unforeseen circumstances for which provision cannot be made by exact rules. The employee must have a reasonable ground to being on leave because if he satisfies the competent authority about absence from duty his leave shall not be treated as unauthorised.

Any absence from duty without satisfying the requisite conditions under which leave may be taken or obtaining such leave on false grounds would justify the Bank after giving the employee an opportunity to explain in writing, to initiate the departmental proceeding.

Leave for appearing in the examination is a reasonable ground for taking leave. An employee can take extraordinary leave, for appearing in the examination, if his whole casual leave is exhausted.

The competent authority cannot decide a leave unauthorised unless he gives a fair opportunity to the employee for his clarification. You have to prove a valid reason behind it. Being on leave, without taking prior permission, for not more than 4 days is minor misconduct if no reasonable ground thereof. Penal action cannot be taken against you.

Absence without leave or overstaying sanctioned leave without sufficient grounds would be deemed as a “Minor Misconduct” in terms of Clause 7(a) of Bipartite Settlement dt.10.04.2002. So if you successfully explain the circumstances for which leave is taken it (your act ) shall not be treated as misconduct. You should submit your admit card and journey tickets (if available) with a view to proving your absence was reasonable.

The employee is not bound to give notice before going on leave in each and every condition, in some exceptional circumstances he can take leave without permission in writing and submit his request for leave at the date of resuming his duty. It does not matter that his previous request regarding casual leave is refused.

There are different kinds of leave and casual leave is provided to meet the exceptional requires of personal life. Appearing in the examination is an act to make life better and more valuable for both personal and social. So if the competent authority wants to prevent an employee from the betterment of his life without having any reasonable cause i.e. exigencies of service, his act cannot be said reasonable and fair. You would have a chance to explain the circumstances why the leave was taken without permission and If further action is taken by competent authority then you have a chance to represent it before the superior officer.

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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