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.
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(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
laepapvreo ivnecdlu dsue cthha et:x tension. The consequences that flow from such refusal of extension of
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
ethxetr aeoxrtdeinnta sryu cleha lveea ve is due, the period in excess of such leave due being treated as
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 shall
normally not count for the purpose of increments and for the said purpose it shall beleave
by provisions of FR 26(b) (ii). regulated
3.
All Ministries/ Departments should initiate appropriate action against delinquent
Government servants as per rules.
4. Hindi version will follow.
(Mukesh Chaturvedi)
Deputy Secretary to the Govt. of India
To :
All Ministries/ Departments of the Government of India etc.
mailing list) (As per standard
Copy to:
1. Office of the Comptroller & Auditor General of India/ Controller General of Accounts,
Ministry of Finance.
2. Secretaries to UPSC/ Supreme Court of India/ Lok Sabha Sectt./ Rajya Sabha Seat./
Cabinet Sectt./ Central Vigilance Commission/ President's Seat./ Prime Minister's Office/
Planning Commission/ Central Information Commission.
3. All State Governments and UTs.
4. Governor of all States/ Lt. Governors of Union Territories.
5. Secretary, National Council (Staff Side), 13-C Ferozshah Road, New Delhi.
6. All Members of Staff Side of the National Council of JCM/ Depttl. Council
7. All Officers/ Sections of DOPT/ DPARPG/DP&PW.
8. Ministry of Finance, Department of Expenditure, E-II (B) Branch.
9. Official Language Wing (Legislative Deptt.), Bhagwan Das Road, ND
10. Railway Board, New Delhi
11. NIC, DOPT for uploading on the web-site of the Ministry
12. 200 spare copies.
(Mukesh Chaturvedi)
Deputy Secretary to the Govt. of India