Department of Personnel and Training Memo No. 13026 /3/20 LO-Estt. ( Leave) dated 22.6.2010
The undersigned is directed to say that this Department has been
receiving various references from Ministries/ Departments regarding
regularization of unauthorised absence for long periods. The references
are made basically because the Ministries/Departments do not follow the
prescribed procedure, for dealing with such unauthorized absence.
Guidelines/instructions exist for handling such situations.
2. As per Rule 25 of I h e CCS (Leave) Rules 1972.
(1). Unless the authority competent to grant leave extends
the leave, a Government servant who remains absent after the end of leave
is entitled to no leave salary for the period of such absence and that 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.
(2) Willful absen ce from duty afier the expiry of leave renders a
Government servant liable to disciplinary action. Government of India
decisions also exist 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 in Rule
32(2) (a) of the CCS (Leak e) Rules, 1972.
3 . It is once again stressed that a Govt. servant who remains absent
without any authority shout d be proceeded against immediately. All
Ministries Departments are requested to ensure that in all cases of
unauthorized 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 date, say within three days, failing which
he would be liable for disciplinary action under CCS(CCA) Rules 1965.
If the Government Servant does not join duty by the stipulated date the
Disciplinary Authority should initiate disciplinary action against him and
the disciplinary case should be conducted and concluded as quickly as
possible.
4. It is only due to apathy of the Disciplinary Authorities that the
situation arises where long pending unauthorized absence leads to delay in
other service matters of Government Servants, including promotions. To
avoid such situations all Ministries/Departments should advise
Disciplinary Allthorities to ensure that prompt action is taken against
Government Servantws who absent themselves without permission and that
Charge Sheets are issued without delay.
5. The consequences and procedure to be followed in respect of an
officer who is absent from duty without any authority has been brought
out under FR 17(1 ) and 17-A. As per FR 17-A(iii) without prejudice to
the provisions of the Rule 27 of the Central Civil Services (Pension) Rules. 1972, remaining absent without any authority or deserting the post, shall be deemed to cause an interruption or break in the service of the
employee, unless otherwise decided by the competent authority for the
purpose of leave travel concession, quasi-permanency and eligibility for
appearing in deparllnent examinations, for which a minimum period of
continuous service is required.
6. Comptroller and Auditor General have issued orders that the period
of absence not covered by grant of leave shall have to be treated as "dies
non" for all purpose;, viz., increment, leave and pension. Such absence
without leave where it stands singly and not in continuation of any
authorized leave of absence will constitute an interruption of service for
the purpose of pension and unless the pension sanctioning authorities exercise its powers under Article 421, Civil Service Regulations [now
Rule 27 of the CCS (pension) Rules] to treat the period as leave without
allowance, the entire past service will stand forfeited.
7. It may be noted that regularization of unauthorized absence for
pension purpose is to be considered under the CCS (Pension) Rules. Only
in cases where the disciplinaly authority is satisfied that the grounds
adduced for unauthorized absence are justified, the leave of the kind
applied for and due and admissible may be granted to him under the CCS
(Leslve) Rules.
Sd/-
(Simmi R Nakra)
Director
Department of Personnel and Training Memo dated 22.6.2010