No. 13026/3/2012-Estt (Leave)
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)
New Delhi, the 28th March, 2013.
OFFICE MEMORANDUM
Subject:- Consolidated instructions relating to action warranted
against Government servants remaining away from duty without -
authorisation/grant of leave — Rule position
The undersigned is directed to say that various references are being
received from Ministries/Departments seeking advice/post facto
regularisation of unauthorised absence. It has been observed that due
seriousness is not being accorded by the administrative authorities to
the various rule provisions, inter alia under the CCS(Leave) Rules,
1972, for taking immediate and appropriate action against Government
servants staying away from duty without prior sanction of leave or
overstaying the periods of sanctioned leave. It is reiterated that such
absence is unauthorised and warrants prompt and stringent action as per
rules. It has been observed that concerned administrative authorities do
not follow the prescribed procedure for dealing with such unauthorised
absence.
2. In view of this, attention of all Ministries/Departments is invited
to the various provisions of the relevant rules, as indicated in the
following paragraphs for strict adherence in situations of unauthorised
absence of Government servants. It is also suggested that these
provisions may be brought to the notice of all the employees so as to
highlight the consequences which may visit if a Government servant is on
unauthorised absence. The present OM intends to provide ready reference
points in respect of the relevant provisions, hence it is advised that
the relevant rules, as are being cited below, are referred to by the
competent authorities for appropriate and judicious application. The
relevant provisions which may be kept in mind while considering such
cases are indicated as follows:
(a) Proviso to FR 17(1)
The said provision stipulates that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.
(b) FR 17-A
The said provision inter alia provides that where an individual employee
remains absent unauthorisedly or deserts the post, the period of such
absence shall be deemed to cause an interruption or break in service of
the employee, unless otherwise decided by the competent authority for
the purpose of leave travel concession and eligibility for appearing in
departmental examinations, for which a minimum period of service is
required.
(c) Rule 25 of the CCS (Leave) Rules, 1972
The said provision addresses the situation where an employee overstays
beyond the sanctioned leave of the kind due and admissible, and the
competent authority has not approved such extension. The consequences
that flow from such refusal of extension of leave include that:
i the Government servant shall not be entitled to any leave salary for such absence;
ii the period shall be debited against his leave account as though
it were half pay leave to the extent such leave is due, the period in
excess of such leave due being treated as extraordinary leave
iii wilful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.
With respect to (iii) above, it may be stated that all Ministries/
Departments are requested to ensure that in all cases of unauthorised
absence by a Government servant, he should be informed of the
consequences of such absence and be directed to rejoin duty immediately/
within a specified period, say within three days, failing which he
would be liable for disciplinary action under CCS (CCA) Rules, 1965. It
may be stressed that a Government servant who remains absent without any
authority should be proceeded against immediately and this should not
be put off till the absence exceeds the limit prescribed under the
various provisions of CCS (Leave) Rules, 1972 and the disciplinary case
should be conducted and concluded as quickly as possible.
(d) Rule 32(6) of the CCS (Leave) Rules, 1972
This provision allows the authority competent to grant leave, to commute
retrospectively periods of absence without leave into extraordinary
leave under Rule 32(6) of CCS (Leave) Rules, 1972. A similar provision
also exists under rule 27(2) of the CCS (Pension) Rules, 1972. It may
please be ensured that discretion allowed under these provisions is
exercised judiciously, keeping in view the circumstances and merits of
each individual case. The period of absence so regularised by grant of
extra ordinary leave shall normally not count for the purpose of
increments and for the said purpose it shall be regulated by provisions
of FR 26(b(ii).
3. All Ministries/ Departments should initiate appropriate action against delinquent Government servants as per rules.
4. Hindi version will follow.
Sd/-
(Mukesh Chaturvedi)
Deputy Secretary to the Govt. of India
Source: Click here to download www.persmin.nic.in
To view Department of Personnel and Training OM No. 130-26/3/2012-Estt(Leave) dated 28th March, 2013, please CLICK HERE.
