Consolidated instructions relating to action warranted against Government servants remaining away from duty without authorisation / grant of leave — Rule position
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 alla 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 thecompetent 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 is due being treated as extraordinary leave
iii wilful absence from duty after the expiry of leave renders a Government servant liableto 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 prescribe 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) RuIe, 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
