Dies non service: legal issue
i was dies-non for 43 days. I was daily present in the office and discharged my regular duties. but i was penalised for only reason that i was refused to do the additional duty directed by the HOO. it for the period 26 jan 2015 to 04 march 2015. inbetween these time i submitted my reprsentation to the Headquatres(3 time) and waiting for their action. but till date nothing happened. please tell me that can i having chance to file a case now. if yes how and what i have to do. now i was working at Ranchi(recently transfrerd). the above said happend at Pondicherry(UT).
Yes, you can file a case for misconduct of the employer that is head of Operation for penalizing you for refusing the additional duty imposed by him and for the administrative function of headquarter also for not taking any action by them as when you approached three times, under Section 19 of the Administrative tribunal or you can file a writ under Article 226 of the Constitution of India in the High Court. Now under relevant Service rule, your department might have a mechanism in place which is followed when such cases come up. Kindly find out if such a mechanism exists, and act accordingly. If such a mechanism does not exist, then you can file a Case.
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