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Plot NO 119,FLAT NO. 8 Bapuji (Quality Assurance Engineer Department of Defence Production)     23 November 2024

Dies Non due to Unauthorised absence

Respected sir,

I am Group B,  gazetted official in  central government government office & was absent to duty  for three days due to medical emergency ( stomach pain and loose motions).

I have informed the same by phone and office email. After 3days, I reported to duty along medical certificate issued by government medical officer.

My office  has enquired (1. Asked about doctor and his residence. 2. Asked why I have not taken treatment from CGHS hospital and I have replied that it was night when I was suffering with loose motions and stomach pain and approached near by government medical officer and he issued the certificate accordingly) about my absence found satisfactory.

In the first week of October 2024, my office has silently published order Dies Non ( no work no pay punishment for that 3days stating as unauthorised absence).

My self and my senior officers are requested to commute the absence in to ELs or HPLs since the absence is genuine and medical emergency is real. But he not accepted to commute though I have 300 ELs and 200 HPL in my account. I will be retired within 15 months.  (i.e. on 31 Jan 2026).

I have been rigorously serving the department more than 26 years. I have also personally asked pardon and submitted my apologies personally. But not reconsidered is decision of Dies Non.

My queries are:-

1.Really, what is  my mistake?

2. What shall I do at this juncture?

3. Inspite of informing my absence in advance by email and submitting a valid medical certificate due to medical emergency for short period( 03 days), is it unauthorised absence?

Kindly suggest.

Your sincerely

 G. Vijay


Learning

 7 Replies

Dr. J C Vashista (Advocate )     24 November 2024

Submit medical records with a request to concerned authority for regularisation of the absence of 3 days leave as per law i.e., GoI DoPT  letter No. 13026/3/2012-Estt (Leave) dated  28th March, 2013,  which is not a case of dies-non in terms of Rule 25 of CCS Rules, 1972

T. Kalaiselvan, Advocate (Advocate)     24 November 2024

You make representation to the competent authority in writing through proper channel, let them reject your appliucation, you can then approach CAT with an application praying for the relief and remedy.

The department is trying to wreak vengeance against you

P. Venu (Advocate)     24 November 2024

Yes, you may make representation to the official superior to the leave sanctioning authority. 

Has the said authority issued any shoe cause notice before invoking dies-non? Has there been any specific communication declining to sanction the leave?

Plot NO 119,FLAT NO. 8 Bapuji (Quality Assurance Engineer Department of Defence Production)     24 November 2024

No. No show cause notice issued to me by my HOE ( Authority concerned).
However, my office has sought an explanation from me how you have gone out of station for treatment. Because the government is medical Officer's stamp on medical certificate indicating another district i. e. 80km from my office. However, he is staying 10km from my office and wel-kmown to me. Then my office has detailed an orderly officer to verify his residence and confirmed the residence of medical officer.
Thereafter, my office has sought explanation why you have not approached to CGHS Wellness Centre. I have replied that when I was suffered with stomach pain and loose motions ,it was Sunday 03 Mar 2024 and whole night suffered with loose motions and I have informed the same in the early morning 630am. to my office.

After this, my office has published DO part 1 wherein Dies Non is imposed.

After knowing about Dies Non, Second in command ( Lt Col rank officer ) personally explained all facts to my HoE( Colonel) that the whole incident is genuine and the Government medical officer has him self has come to office and explained about my illness.
My HoE not inclined his lieutenant Colonel.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 November 2024

Grant of leave under situations as narrated by you in purely at the discretion of the leave sanctioning authority. You have narrated your case from your own point of view. There may be other matters like your general conduct under consideration. You may appeal to authority higher than your leave sanctioning authority. Your loss is that you loose salary for 3 days and nothing more. This forum will not be able to suggest any solution.

Dr. J C Vashista (Advocate )     25 November 2024

Show cause notice issued by X Y or Z do not make a difference in disciplinary proceeding as the notice shall form part of the further action.

Doctor shall remain a doctor, if s/he has acquired MBBS or further degree, no one can challange it, whether the doctor reside 80 or 800 kms away and may or may not be your relative.

However, if you are not satisfied with the obligation of experts you must seek professional opinion and advise of a local prudent lawyer and get your dies-non regularised.

Plot NO 119,FLAT NO. 8 Bapuji (Quality Assurance Engineer Department of Defence Production)     25 November 2024

Good morning to all experts who rendered services and catered valuable time for me.
Thank you all so much for your time and concern and quick response and reply

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