Legal Question in Employment Law in India

An employee working as supervisor in a government company i n india joined a three year law course in a college recognized by the state university in 1991-92. he did nit take prior approval.

the college is very far from his place of employment. he could attend the college only every saturday which is holiday for his office. he did not write any exam during the course duration of 1991-1994. after completion of the course, he wrote the examination during 1994-95 to 1996-97 and obtained university degree.

for information sake only, employee informed the management about his success in 1998. company took the qualification on record but also issued a letter of advice not to undertake such courses in future without approval.

this qualification was not reckoned for any benefit, either monetary or otherwise and the employee also never opted for such reckoning.

after 16 years, management is again seeking explanation on the manner in which the course was done.

is the management correct in seeking clarification again on the same subject after 16 years?

when the employee has not opted for any benefit, either monetary or otherwise, is there any possibility of any disciplinary proceedings against the employee on giving his reply.


Asked on 4/12/13, 8:57 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

13.04.2013

Dear Sir / Madam,

Employment rules in Government organizations do not permit an employee to take up any other part time employment or studies without the prior permission of the employer. The Management has every right to seek a clarification from the employee who has to reply that he studied for the course without disturbing his present employment in any way whatsoever and he should apologize for not having taken prior permission.

Regards,

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Answered on 4/13/13, 6:36 am


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