Hello, I was working for Indian Oil Corporation Ltd. as an engineer for around 2 years. Before beginning i signed a contract for 3 years. Around the end of my second year term with the company I had a medical issue and could not go back to service. Unfortunately I was not able to apply medical leave. The company filed charge-sheet against me as per misconduct CDA rule 1980. The company retrospectively dismissed me from the service. Right now i am out of the country but am planning to come back My concerns are: 1. what legal charges they can file against me as per misconduct CDA rule 1980? 2. Can I apply for a job in Government Service(not PSU). How to proceed if I want to apply for Government job. I would like to hire lawyer who can help me get out of this situation as soon as possible.
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If you are dismissed from service you cannot apply for govt job
2) you should file application before CAT to challenge your order for dismissal
3) I presume in your reply to company you mentioned medical grounds as to why you could not attend office
4) I presume you have enclosed your medical records
Yes, I have given medical grounds and certificate for the same. I have a doubt, CAT does not have jurisdiction in Indian Oil Corporation. see url http://cgat.gov.in/department_wise.htm So, is dismissal from a PSU also render me unfit for employment in a Government service under Part XIV of constitution. Also, can one please send me pdf version of cda rules 1980.
(BPE No. 2(121)/73-BPE (GM-I) dated 26th April, 1974)
MODEL CONDUCT, DISCIPLINE AND APPEAL RULES
(Public Enterprises were advised under BPE’s letter No. 2 /(121)/73–BPE (GM-1), dated 26th April, 1974 to frame their own Conduct, Discipline and Appeal Rules based on the Model Rules furnished to them. The Model Rules reproduced below incorporate the latest amendments)
Rule 23 Major penalties
(f) save as provided in clause (e), reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the employee will earn increments of pay during the period of such reduction and whether on expiry of such period, the
reduction will or will not have the effect of postponing the future increment of pay;
(g) reduction to a lower time scale of pay, grade, post or Service which shall ordinarily be a bar to the promotion of the employee to the time- scale of pay, grade, post from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post from which the employee was reduced and his seniority and pay on such restoration to that grade or post;
(h) compulsory retirement;
(i) removal from service which shall not be a disqualification for future employment under the Govt. or the Corporation/Company owned or controlled by the Govt.;
(j) dismissal from service which shall ordinarily be a disqualification for future employment under the Govt. or the Corporation/Company owned or controlled by the Govt.;
IOCL must have charged you for your unauthorised absence.
If the disciplinary proceedings that have culminated in your dismissa were exparte, you may challenge your dismissal before CAT/High Court.
Contact a local lawyer dealing in service matters.
hi, they can only file a civil recovery suit if you have entered in to a bond ..no criminal action can be initiated against you
1. The charges under your circumstances shall be as follows:
Absence without leave or over-staying the sanctioned leave for more than four
consecutive days without sufficient grounds or proper or satisfactory explanation.
2. Under Major Penalties, if the punishment given is
"removal from service which shall not be a disqualification for future employment under the Govt. or the Corporation/Company owned or controlled by the Govt.;"
then there can be no problem, but if it is
"dismissal from service which shall ordinarily be a disqualification for future employment under the Govt. or the Corporation/Company owned or controlled by the Govt.;"
then it may become a problem.
If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that no penalty is called for, it may pass an order exonerating the employee concerned.
Yes, I have given medical grounds and certificate for the same.
I have a doubt, CAT does not have jurisdiction in Indian Oil Corporation. see url
http://cgat.gov.in/department_wise.htm
So, is dismissal from a PSU also render me unfit for employment in a Government service under Part XIV of constitution.
Also, can one please send me pdf version of cda rules 1980.
Since you have chosen not to fight the employer, it can be apprehended that you did not bother about the law involved in this act of yours then.
You have mentioned that you did not apply for leave even though you say that you were suffering from some ailment due to which you could not attend the duties, then how do you think that you will be able to defend your case at this stage when necessary legal action had already been initiated by the employer and you never protested or participated in the disciplinary proceedings so far.
You can approach any expert advocate here through private consultation for further reliefs including the rules of CDA rules 1980.