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View Full Version : Unauthorised absence, How to regularise or deal ?



Dulal
21-11-2010, 06:29 PM
Workplace: Income Tax Department. Central Govt. Office

A person who has not been reported for duties since 01.01.2010 has been asked to join and explain failed to do so, hence his pay was stopped since 01.02.2010.

Now after a gap of 11 months, he has turned up for rejoin the duties.

He has 300+ days of E.L. at his credit.

Now, question is whether he can rejoin duty, if so, how to regularise?

if not, how to serve him notice under what rule?

please clarify, if it is possible to save the job for the poor guy.

Thanks in advance, for any answers

Victor
21-11-2010, 07:17 PM
Workplace: Income Tax Department. Central Govt. Office

A person who has not been reported for duties since 01.01.2010 has been asked to join and explain failed to do so, hence his pay was stopped since 01.02.2010.

Now after a gap of 11 months, he has turned up for rejoin the duties.

He has 300+ days of E.L. at his credit.

Now, question is whether he can rejoin duty, if so, how to regularise?

if not, how to serve him notice under what rule?

please clarify, if it is possible to save the job for the poor guy.

Thanks in advance, for any answers

It all depends on what view the admin takes.

The person should be allowed to join duty as he was asked to do so by the admin.

As regards, regularisation of leave, the person has to submit a leave application for the unauthorised period in question.

The leave sanctioning authority then has to consider the grounds indicated in the leave application and take a considered view.

It can either:

(a) grant the leave applied for.
(b) reject the leave application and declare the unauthorised period as "Dies Non" i.e. the period will not count as service for any benefit whatsoever (but will not be treated as a break in service). A warning may also be issued to be careful in future.
(c) Initiate disciplinary proceedings by issuing a charge sheet for violating CCS(Conduct) Rules. The final outcome will depend on the Inquiry Report and the decision of the Discplinary Authority.

Victor

RKPATHAK
21-11-2010, 08:53 PM
First check the whereabout of the incumbent, whether he was not arrested on criminal offence. Ground of his absence need be justified. The incumbent can be allowed only if he has clean hands. In case the incumbent was absent due to some valid reasons, his unauthorised absence can be regularised.

Dulal
24-11-2010, 10:18 PM
Thanks for the replies..

but, now the head of office, i.e. JCIT refused to sanctioned EL or EOL citing 180 days limit.

Any specific way to regularise the absence of 11 months on Earned Leave?

Please reply.

Victor
25-11-2010, 11:50 AM
Thanks for the replies..

but, now the head of office, i.e. JCIT refused to sanctioned EL or EOL citing 180 days limit.

Any specific way to regularise the absence of 11 months on Earned Leave?

Please reply.

There is no maximum limit of 180 days for grant of EOL in r/o permanent govt. servants. Further, Rule 32(6) reads as under:

(6) The authority competent to grant leave may commute retrospectively periods of absence without leave into extraordinary leave.

The above clause also does not prescribe any maximum limit for regularisation of absence.

The Leave Sanctioning Authority can, therefore, grant 180 days of EL followed by EOL for the remaining period for regularisation of unauthorised absence.

Victor

jaleelethiyil
02-12-2010, 06:45 PM
Sir,
Those who working in railways have to produce medicaly fit certificate from railway hospital in such circumstance before resuming duty.For obtaining the medical certificate,employee have to produce letter from his office which should mention the period of absence and the status of deciplinary action.The competent authority to issue such letter is depend up on the period of absence.The competent medical authority to issue medical certificate is depend on the period of unauthorised absence.
After resuming duty,sanctioning leave or initiating deciplinary action will depend on the cicumstance and decision of competent authority.For taking deciplinary action,the procedure mentioned in DAR of railways is to be followed.

Dulal
06-04-2011, 09:02 PM
order has been passed for the above mentioned case read like this;

In consequence of Earned Leave for 180 days .e.f. 01-01-2010 to 30-06-2010 sanctioned under rule 26(2)(i) of CCS (Leave) Rules, 1972 and Half Pay Leave for 274 days .e.f. 01-07-2010 to 31-03-2011 sanctioned under rule 29(4) of CCS (Leave) Rules, 1972 on medical ground as sought, keeping in vie the M dt. 22-06-2010 n. 13026/3/2010-Estt. (Leave) of DOPT, New Delhi whereby the offical has been informed of the consequences of such absence, the pay of Sri ....... >>> is hereby fixed as under;
pay as on 01-07-2009 Running Pay 8090 + GP 2000
pay as on 01-04-2011 running pay 8400 + GP 2000
(since joined on duties after above mentioned leaves on 01-04-2011)
His next annual increment shall become due on 01-07-2012

=============
whether the above order is in order or any change should have been there.

please reply,

Dulal

Victor
07-04-2011, 09:39 AM
order has been passed for the above mentioned case read like this;

In consequence of Earned Leave for 180 days .e.f. 01-01-2010 to 30-06-2010 sanctioned under rule 26(2)(i) of CCS (Leave) Rules, 1972 and Half Pay Leave for 274 days .e.f. 01-07-2010 to 31-03-2011 sanctioned under rule 29(4) of CCS (Leave) Rules, 1972 on medical ground as sought, keeping in vie the M dt. 22-06-2010 n. 13026/3/2010-Estt. (Leave) of DOPT, New Delhi whereby the offical has been informed of the consequences of such absence, the pay of Sri ....... >>> is hereby fixed as under;
pay as on 01-07-2009 Running Pay 8090 + GP 2000
pay as on 01-04-2011 running pay 8400 + GP 2000
(since joined on duties after above mentioned leaves on 01-04-2011)
His next annual increment shall become due on 01-07-2012

=============
whether the above order is in order or any change should have been there.

please reply,

Dulal

The fixation is corect. However, the next annual increment will be due on 01-07-2011 instead of 1.7.2012 as EL & HPL is qualifing service for the purpose of increment.

Victor

prasannakumar
07-04-2011, 09:20 PM
Dear Mr. Dulalji,

Regularization of leave depends up on the decision of the authority competent. They can either sanction or reject the leave claim of the incumbent after joining duty. If the incumbent continues on medical leave, a medical board of Govt. Doctors can be constituted on the request of competent authority to ascertain the genuineness of the claim and disciplinary actions starting from issue of memos, admonishing etc shall be instituted

Regards
Prasanna Kumar

Dulal
10-04-2011, 08:23 PM
Thanks victor and others,

the order has been modified accordingly and yes, the authority cautioned him not repeat the mistake in future.

regards...

Dulal