Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)
New Delhi, the 22nd June, 2010
Office Memorandum
Sub: Consolidated instructions on Regularization of Unauthorized Absence.
The undersigned is directed to say that this Department has been receiving various references from Ministries/ Departments regarding regularization of unauthorized 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 the 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 i s due, the period in
excess of such leave due being treated as extraordinary leave.
(2)
Willful absence from duty after the expiry of leave renders a Government servant
liable to disciplinary action. Government of India decisions also exist; than 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 (Leave) 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 Authorities to ensure that prompt action is taken against
Government Servants who absent themselves with out 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 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 department 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 when 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 authority exercises 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 disciplinary 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
(Leave) Rules.
8.. Hindi version will follow
(Simmi R. Nakra)
Director
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