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Leave is a privilege and not an entitlement. Have you included this axiom in the leave policy? If yes, has it been communicated to all the employees? If communicated, then have they understood the meaning of it?
Unauthorised absence of employees throws the work out of gear. Occasionally, it is cause of customer dissatisfaction too. Against this backdrop, if you have initiated the disciplinary procedure then well and good. Go ahead and take it to the logical conclusion. Earlier the gentleman has shown bravado and later chickened out and tendered his apology. However, after misconduct, this apology means nothing. It is important to maintain culture of discipline and those who stray from the laid down instructions need to be taken on task. This will send a message to one and all about what organisation stands for.
30th November 2016 From India, Bangalore
30th November 2016 From India, Pune
The response of Mr. Dinesh Divekar supplemented by Mr. Soumitra Sengupta in support of reply to this post are excellent !!!. Excellent Post and excellent suggestions!! Keep it up!!!
Labour Law Adviser
Future Instt. of Engg and Management Technology
30th November 2016 From India, Delhi
You have given the facts but not specified what you want for the forum
Are you asking legality of his unauthorised leave ?
Or are you asking what you need to do ?
What is the punishmeet you had in mind ?
Seniors on the forum can vet your proposed punishment and tell you whether it's legal and whether it's a good idea to impose it.
30th November 2016 From India, Mumbai
30th November 2016 From India, Ahmadabad
This is a response to your second post.
Transfer of employee from one department to another is subject to the administrative requirement. It need not be linked to the misconduct of an employee. Any such linkage would erode importance of that process/department to which the employee is transferred. Otherwise, in general, employees will construe this process/department as ground to dump those who backslide. This will not be a healthy trend.
You may issue warning letter for the unauthorised absence and forfeit pay for the said period and issue separate transfer letter.
1st December 2016 From India, Bangalore
To me it looks better if the punishment was lowering his increment or something as punishment. However, you know the conrucmstances and the nature of employment and what actually is an effective punishment
1st December 2016 From India, Mumbai