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 Indi
