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Charged for unauthorized absence in two parts is it double jeopardy


31-Jan-2023 (In Labour & Service Law)

The unauthorized absence of 209 days split into 77 days & 132 days and punishment imposed as under [charge"Unauthorized absence"] 1. Reduction of 1 increment for 77 days of "Unauthorized absence" 2. Reduction of 12 increments for 132 days of "unauthorized absence" coupled with Reduction in scale from Scale IV to Scale III. Please clarify whether "Double Jeopardy" is subsisting ? I am paid salary for 96 days under dispute and the Management is claiming that they have declined my leave application. Whether writ can be filed ? Plz help me with advice.

Answers (1)

Answer #1
317 votes

No, they can take action. As per the rules, if the rules provide for these punishments, it can be done.

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