• Possible disciplinary actions

Respected sir, 
I am working in a Public sector bank, PNB for past 4 years. My probation period is over. I am on medical leave for past 20 days due to bad health and i have well informed the branch with proper medical certificates that i would not be able to resume my services before 30 days as the nature of my illness is severe. But still branch manager mentally harasses me to resume the services at the earliest. He accuses me of not being reachable over phone and asks arbitrary questions as why you are in your hometown and your medical certificate is issued by a doctor present in your city of posting. I am suffering from a lot of pain and his inhuman attitude puts me under more mental stress. 
Sir i cannot resume the service until i recover completely from my illness. I have informed the manager regarding my condition supported by proper medical proofs. But he expects me to inform him every 3-4 days i do not understand why. 
Kindly tell me what are the disciplinary actions that management can take against me. 
Also suggest me the actions i can take against the manager or the management for causing me mental harassment when i am already suffering from physical pain.
Asked 5 years ago in Labour

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18 Answers

The management will not take any action against you. This is the policy of all PSU banks be it SBI or PNB. They harass you so much that you think very hard before taking any leave even for a single day. Return after you are well. Keep your records.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

On the ground of medical condition they can't take any adverse action against you. Even if taken the said action will be illegal and void. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No worries about your future with PNB Bank.

Your medical treatment, certificate and prescription of medicine must match with each other to prove that you were ill and due to severe illness your Movement for daily routine was restricted therefore you remained absent from the Job. 

E- mail your status to Branch Manager ,Regional Manager and your HRD Head for update of your illness as per certificate. 

You have right to take action against  Branch Manager but get soon well then take action toll then concentrate on recovery from your illness. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Keep your employer posted every week if he so desires 

 

2) no disciplinary action would be taken as you have produced medical certificate from govt doctor

 

3) you can inform your management that you are in home town to take rest as per doctor advice 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You are undergoing treatment from doctors in your home town . Not committed any offence 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi

1) Your sick leave will be governed by Section 34.1 of Punjab National Bank (Officers’) Service Regulations, 1979

2) You are entitled to claim 30 days of sick leave for each completed year of service and you are mandated by service rules to provide medical certificate by a medical practitioner preferably a doctor working at Government hospital , in a district where you are currently posted.

3) Since you have submitted a medical certificate from a Government Hospital Doctor, you have complied with law and your branch manager cannot question you on why you are residing in your home town. 

4) The only disciplinary action that can be taken is under section 13 of Punjab National Bank Officer Employees' (Conduct) Regulations, 1977  pertaining to leave place of posting without permission of your branch manager/ Regional manager.

5) However the said disciplinary action will fail miserably in the disciplinary proceedings given the fact that you have informed your manager of your ill health (with supported medical documents) and also your present place of residence. 

6) please also escalate to your bank HR about the harassment meted out to you by the bank manager, so that there is a record of your complaint in bank records .

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Firstly this is a PSB bank where due to work pressure,  the management adopt such tactics on the junior grade officers. 

Neither you nor any employee of your cadre can agitate over this behavior of the manager. 

If you start quarrelling with them then you may be marked as trouble creator and you will be harassed through out your service career. 

However,  if you think that you will face any situation or problem now or in future,  you can go ahead issuing a legal notice to the manager for his unruly behavior and other aspects. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can send an email to HRD department  head office, and kindly check the medical leave clauses from them as well towards all employee. whether whom to you have to report and once the reporting is done then what are the next steps as per the bylaws created by the PNB on employee leaves

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes, if they dig or prove the matter and order departmental inquiry into the alleged false information,  this may serve as a substantial evidence to prove your guilt. 

Therefore,  if you feel that you have to safeguard your employment and future career,  you may take a wise decision. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

I don't think so. If the medical certificates are fake then they might proceed but other than that you have every right to go to any doctor you like.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Certificate is valid. This is certain, when u got I'll, will show yourself to nearby doctor and due to severe illness you are forced to go your home town. 

You are not supposed raise any issue with management agsisnt the manager, not good in the initial stage of job.

Such things are face by many, so avoid him and report him your condition in 2 3 days. 

Thai way you can avoid any unwanted arbitrary action agaisnt you. You have medical proof so even if any disciplinary action took agssint you, will yield negative result. So don't worry.

Obtain a another certificate/ report from your home town govt. Doctor and send him for his satisfaction.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can get a medical certificate done from your hometown doctor and send it to them.

If he is insisting than keep informing them. 

What action management can take against you can be detailed only after knowing your terms and conditions of appointment 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You've not break any rule of disciplinary. Manager is just trying to harass you, may be he is being pressurized of work, and that frustration is coming out on you in this way. You are on medical leave and for that you have presented a medical certificate also. There is no issue whether you're in hometown or somewhere else, as you can take treatment from any doctor from anywhere, no authority can stop you on that. 

Rather You can make complaint to the senior/ branch Manager/ Zonal Officer about the harassment.

Sanjeev Gupta
Advocate, New Delhi
119 Answers
1 Consultation

If you qualify for a medical leave, you have the right to take that leave free from harassment or discrimination. Your manager cannot interfere with your right to take leave, discriminate against you for requesting information about your rights, or discriminate against you for taking a leave.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. No disciplinary actions can be taken against you if your medical certificate are genuine.

2. You can file suit against your manager for mental harassment during medical leave and asking you to join the job even when you are not fit to work.

3. You can leave the job location after issuance of medical certificate from doctor of posting location You just need to inform your manager before leaving to hometown.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

 Dear Sir/Madam,

You are suggested to serve the strong legal notice against the management for mentally harassing you and get prepared for suitable compensation. They may take action of the unauthorised absence but the same may not sustain in long run. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

- As per Banking rule, An employee is entitled to sick leave on half substantive pay, at the rate of one month for each year of service subject to a maximum of 18 months during his entire service, provided that where an employee has put in a service of 24 years, he shall be eligible to additional sick leave at the rate of one month for each year of service in excess of 24 years, subject to 3 months of additional sick leave.

- Further during the first year of service sick leave will be granted on prorate basis.

- Further, Sick Leave can be availed without Medical Certificate by an employee for a maximum period of 10 days in a calendar year not exceeding two days at a time after exhausting the Casual Leave.

- However, all kinds of leave is not a matter of right of an employee, i.e. it depends upon the higher officials discretion to refuse or revoke leave of any description is reserved to the authority granting it, and an employee already on leave may be recalled when considered necessary in the interests of the Bank.

- But, the employees who are sick , may submit medical certificate in support of their absence., if the Branch Manager has reason to believe that the medical certificates are not genuine, the employee may in consultation with the controlling authority be subjected to an examination by a Medical Board consisting of the Banks authorised Doctor/Medical Officer, specialist in the field and a physician of repute.

- Since, you are already on medical leave , then you can submit the medical reports before the bank for showing your genuincity . 

- Further, for the mental tension given to you , you can lodge your complaint with the proofs of your diseases before the higher management of the bank , and thereby request to take legal action against the said officials. 

- If you fail to provide the medical report and not attend the duty , then show cause notice can be issued against you. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have not only been harassed mentally but the act of the department (manager) is against the principle of natural justice.
  2. I would like to apprise you that though there may be a rule about the certificate being issued from any specific place or doctor, even if it is exist then also you cannot be harassed for genuine illness.
  3. You should complain to the disciplinary committee of the bank, and if they do not act then you have an option to approach the court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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