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Thread: Unauthorized Absence - regarding.

  1. #1
    Junior Member S_K_Singh is on a distinguished road
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    Default Unauthorized Absence - regarding.

    Gentlemen, Would anyone here care to guide a newbie ? If yes, please let me know if a government employee having appealed against an order of attachment (as per the provisions laid down in the CCS-CCA Rules) does not abide by the order while his appeal is pending with the appellate authority, can he be denied his salary on grounds of unauthorized absence at the place of attachment ?

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    Senior Member Gopal Krishan is on a distinguished road
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    After making the appeal any development? Please also elaborate 'attachment'. Did you join the place of attachment or continue to be at the same place?
    Gopal Krishan

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    Senior Member Victor is on a distinguished road
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    Orders have to be followed unless they are withdrawn. You cannot impose a 'stay order' by filling an appeal.

    Victor

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    Junior Member S_K_Singh is on a distinguished road
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    Victor Sir,
    If an order is to be followed by a government servant, despite his being aggrieved by it & his making an appeal against the same; wouldn't the provision for making an appeal prove futile in such a situation ? For instance, say that a government servant is given an order to pursue & arrest a criminal without a service weapon. In such a situation, if the government servant makes an appeal against the said order on grounds of safety ; would he still have to pursue the criminal without a service weapon until his appeal is disposed or a 'stay order' is passed for the order appealed against ? If yes, wouldn't the government servant be risking his life while doing so ? If yes, how does the provision for making an appeal against an order, help the government servant aggrieved by it ?


    P.S : Thanks for your reply dated 01-02-2015.
    Last edited by S_K_Singh; 08-02-2015 at 02:19 AM.

  5. #5
    Junior Member S_K_Singh is on a distinguished road
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    Gopal Krishan Sir,
    As of now, my appeal is lying pending with the competent authority with no signs of any progress. As far as the order of attachment is concerned, it is an order attaching me to a sub-zone of the department located in the city of Bhubaneswar, Orissa. This sub-zone falls under the jurisdiction of the Kolkata Zone, where I'm presently posted. However, having made an appeal against the said order of attachment, I've refrained from joining at Bhubaneswar and continue to be at Kolkata, attending the department on a daily basis.


    P.S : Thanks for caring to guide a newbie.
    Last edited by S_K_Singh; 08-02-2015 at 02:18 AM.

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    Senior Member Victor is on a distinguished road
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    Quote Originally Posted by S_K_Singh View Post
    Victor Sir,
    If an order is to be followed by a government servant, despite his being aggrieved by it & his making an appeal against the same; wouldn't the provision for making an appeal prove futile in such a situation ? For instance, say that a government servant is given an order to pursue & arrest a criminal without a service weapon. In such a situation, if the government servant makes an appeal against the said order on grounds of safety ; would he still have to pursue the criminal without a service weapon until his appeal is disposed or a 'stay order' is passed for the order appealed against ? If yes, wouldn't the government servant be risking his life while doing so ? If yes, how does the provision for making an appeal against an order, help the government servant aggrieved by it ?


    P.S : Thanks for your reply dated 01-02-2015.
    The issue here is whether the orders are lawful or not.

    Victor

  7. #7
    Senior Member Gopal Krishan is on a distinguished road
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    I agree with Shri Victor. At the same time the person to whom those orders are given has no right to judge whether the orders are lawful or not.
    Gopal Krishan

  8. #8
    Junior Member S_K_Singh is on a distinguished road
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    Victor Sir,
    I too agree with your view as far as the question of the order being lawful is concerned. However, going through the ccs conduct rules, I find that not abiding by any lawful and 'reasonable' order of an official superior amounts to misconduct. In my case, I was being sent away only because I denied participating in acts subversive to the ethical standards prescribed for a government servant viz. Corruption, Abuse of power & Non-compliance of the compulsory provisions laid down for officers enforcing the NDPS Act, 1985. As such, the question here is whether the order qualifies as a reasonable order. Thanks for your valuable time.


    P.S: Waiting eagerly for your response.

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