• Resignation with immediate effect

Sir if I resign with immediate effect then will I be able to leave the office from the next day and while I am serving the notice period after resignation will I be able to get leave without pay during the period. Can I resign by post and what is the procedure that is followed and how will I get my relieving letter if I resign by post will it take longer to get relieving letter if I resign by post. Is it illegal to write exams during medical leave can I be suspended for this act or a departmental enquiry be started
Asked 5 years ago in Labour

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15 Answers

See firstly the department can ask to serve you a notice period, which if you fail there can be departmental enquiry against you and order can be issued and penalty can be levied. 

Further the reliving letter will not be given.  You cannot write exams in medical leave period you need the NOC of department to appear and write exams during the job. 

If you resign by post the communication can be sent to vide the post to complete notice period or any other for acceptance or rejection of resignation. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See based on your service rules you can be asked to report to office and serve the notice period. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) Your resignation has to be accepted 

 

2) you cannot leave with immediate effect 

 

3) you have to serve the notice period 

 

4) you may not get leave during notice period 

 

5) it is illegal to give exams during medical leave 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

If you are not fir enough to attend office you cannot appears for exams during medical leave 

 

2) if you resign by post you have to serve the notice period 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

You may have sent medical certificate and requested for leave 

 

if you remain absent without leave being granted it would be regarded as unauthorised absence from duty 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

In your earlier query you had not mentioned you had NOC from Department’ to appear in exams 

 

if you had the NOC you can appear in the exams and no disciplinary action would be taken against you 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

See if there is NOC to appear in exams and then you appeared in same on medical leave you cannot be punished. Though department can take stand that you wrongly availed medical leave for exam though if there are proper medical certificates then even in case of departmental enquiry you can have a stand. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You don't have to worry you will not be called as habitual offender. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Yes you can provided you do not process any key documents or any other office secrets or any valuable office assets with you. No one can force you to serve. You may need to pay up for the unserved notice period if any. 

You can sit in exam during medical leave provided you have the permission for the given studies from your employer.

When a medical certificate is issued it is assumed to be genuine unless otherwise it proved to be for malicious purposes. So legally there is no scope for levelling you as habitual offender based on your medical leave. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Nothing will happen, It is your strength that suffering from jaundice, still you appeared for exam.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You have asked lot of questions but have failed to mention where do you work whether with th4 government department or private company and what were the employment offer letter conditions on this etc. 

However you may tender yor resignation either in person or by post and can remain absent but if the resignation is not accepted or if you have been instructed to serve the full notice period then you cannot sit idle at home, if so you will be termed as absconding and you may be terminated from service.

You may go through the conditions in the employment offer letter and take decision accordingly.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

It would be an illegal act if you write exams during leave period because you need to obtain NOC from employer for giving any such examinations.

If you send your resignation by post they may ask you to report for duty failing which they may initiate disciplinary action and even terminate your service for this lapse on your side. 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

You may not be considered as an habitual offender for absenting yourself by unsanctioned leave, they may treat this an unauthorised absence and may even treat you as absconder if you dont respond to their notice which may lead to their further action to terminate your services.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

If you have obtained NOC from department to write examination and if you were on leave at the time of writing the examination then it canot be considered as an illegal act.

You can challenge the same if it is treated as an offence, through court of law

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Dear Sir

  1. When you resign from the job the Department is bound to accept your resignation letter. 
  2. You are bound to serve notice period as per your joining agreement with the department .
  3. you cannot write exams during medical leave and you have to get the leave for writing exams with NOC from department.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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