Leave Encashment on Suspension/Dismissal/Removal
Sl.No. / Frequently asked Questions / Answer
1. Whether leave encashment can be sanctioned to a Govt. servant on his superannuation while under suspension?
Leave encashment may be allowed in such cases. However, Rule 39(3) of
CCS (Leave) Rules, 1972 allows withholding of leave encashment in the
case of a Govt. servant who retires from service on attaining the age of
superannuation while under suspension or while disciplinary or criminal
proceedings are pending against him, if in view of the authority there
is a possibility of some money becoming recoverable from him on
conclusion of the proceedings against him. On conclusion of the
proceedings he/she will become eligible to the amount so withheld after
adjustment of Government dues, if any.
2. Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, from service?
A government servant, who is dismissed/removed from service, ceases to
have any claim to leave at his credit from the date of such dismissal,
as per rule 9(1). Hence he is not entitled to any leave encashment.
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Leave-25032013.pdf]
