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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
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