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Stoppage of salary due to unauthorized absence.

Discussion Forum of WBXPRESS › Forums › Legal Help › Stoppage of salary due to unauthorized absence.

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Viewing 9 posts - 1 through 9 (of 9 total)
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  • August 27, 2012 at 3:24 am #67828
    unknown
    Participant

    Can anyone be deprived of salary payment just because he was unavailable without any information for a month??

    August 27, 2012 at 6:04 pm #73824
    unknown
    Participant

    Yes, when there was no work there is no pay until you submit your explanation to the satisfaction of your boss and the period of absence is regularized from your leave account.Any way absent without intimation is a misconduct and disciplinary action can be instituted for absence without intimation.

    August 28, 2012 at 4:59 am #73827
    unknown
    Participant

    Yes. It may be the result of disciplinary action against the misconduct. Stoppage of salary may be a good punishment but should it be awarded until the employee have sufficient leave in his/her account? I think this kind of punishment should be awarded in extreme situation. We should consider the fact that the employee is responsible for the the misconduct but the entire family will suffer for this kind of punishment. I also think that this kind of punishment should be on temporary basis and it will remain in force until the employee files reply against his unauthorized leave. In case the reply is not satisfactory, there should be another punishment like stoppage of increment considering the past service and present situation of the employee. I would like more interferance from our friends.

    August 28, 2012 at 2:41 pm #73836
    unknown
    Participant

    Thank you Som saheb for your valuable opinion. I had wanted to communicate the same message that until an explanation is submitted with the appropriate application for grant of leaves,the salary of the employee can be kept on hold. However, as regard humanitarian grounds,I am a little bit conservative. It is the employee’s duty to think about the welfare of his family. He should not do an act which may jeoperdize his job resulting in pecuniary losses or loss of job itself.An adminstrator who enforces the discipline amongst the employees for public good never thinks about the family of a delinquent employee but only about the sound and worthy administration in his office which makes his career. A retired judge had once told me that it is the duty of the employee to think about his family . Yes administrator would sure think if the employee is sick or otherwise has the genuine reason to be absent from his office. But even then an intimation is a must. If an employee does not care about his job, office and has a malingering attitude then he could be termed as a negligent and non serious personnel adversely affecting the performance of office. He is under obligation to be disciplined.He should not think about his rights only. He joins the jobs at the terms and condition of the government and not at his sweet will. So he has to up hold the rule of the office. If he fails then the administration would act in accordance with the law.

    August 28, 2012 at 3:43 pm #73839
    unknown
    Participant

    Thank you so much bro Adil and plz dont add saheb with som. Just call me som or bro or frnd, what ever you like. Its so nicely described by you and I am sure it will be helpful for many of us. I would also like to know about the law. What kind of punishments may be awarded to the employee if he /she fails to put satisfactory explanation against his/her misconduct. What is the procedure of disciplinary action? Sorry for my curious mind.

    August 28, 2012 at 5:01 pm #73840
    unknown
    Participant

    An employee may be awarded a minor punishment like (verbal warning or warning in Service Book, though Apex Court has said that warnings are not punishments). Censure or a monetary fine of small amount can also be imposed. In major punishments where the punishment is awarded after drawing up of departmental proceedings, if proved, the employee’s increment may be stopped with or without future benefits from 1 year to 5 years, can be reverted back to a lower rank,salary can also be reduced to a lower pay scale, can be forcibly(compulsorily) retired or dischsrged or dismissed. It depends upon the performance of the duty of the employee and his past records also. In first case harsh punishment is not awarded but if there is the repetation of the same or similar offence then harsher punishment is awarded.

    August 28, 2012 at 5:31 pm #73841
    unknown
    Participant

    Thanks again. Its so nice to read your post.

    June 1, 2013 at 3:41 pm #78079
    unknown
    Participant

    Sir, of an employee has submitted a leave application duly recommended by the controlling officer, but not sanctioned by the head of office, can salary be still stopped? And can earned leave under such circumstance be rejected with out any grounds by the head of the office? what is the course of action required in such cases? please help..

    June 1, 2013 at 4:54 pm #78081
    unknown
    Participant

    Remaining absent from duty without sanction of leave may be treated as ‘dies non’ (unauthorised absence) which may amount to pay held-up and break in service. However, it depends on the discretion of Higher Authority. Recently, Central Govt. has issued strictures for its employees. Refer to the Deptt. of Personnel & Training Office Memorandum No. 13026/3/2012-Estt (Leave) dated 28.03.2013. I don’t know about the State Govt. Rules applicable in similar situation.
    13026_3_2012-Estt-Leave.pdf

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