Regularisation of leave after award of penalty.
Lavanya Chhibber
(Querist) 21 May 2016
This query is : Resolved
Respected Sir,
FACTS OF THE CASE
An employee was absent for a period of 80 days without any prior intimation/sanction of leave. Since this is violation of Rule 3 of CCS (Conduct) Rules 1965 wherein absence from duty without any intimation/sanction of leave is an offence, the employee was issued a memo of charge under Rule 16 of the CCS (CC&A) Rules 1965. After due consideration of reply submitted by the individual, the individual was awarded the minor penalty of “Withholding one increment of pay for a period of 2 years without cumulative effect”.
QUERY
1. How will the above non regularised absence period mentioned in the charge sheet be regularised if the employee is not having any leave to his credit. Wat type of leave will be deducted?
2. How will the above non regularised absence period mentioned in the charge sheet be regularised if the employee is having any leave to his credit. Wat type of leave will be deducted first and then if the leave is finished in his credit, which leave will be deducted?
Sudhir Kumar, Advocate
(Expert) 21 May 2016
No leave will be deducted even if he was having 300 days of EL to his credit.
This period can also not be regularized as EOL.
The above period will be treated as dies-non. which means that no pay or pension will be payable for this period. This period shall also not be counted for earning any future leaves (i.e. on next 1st January or 1st Joly his credit of EL shall not be 15.
P. Venu
(Expert) 22 May 2016
Why the employee did not apply for Leave for period of absence? Even if there is no leave in credit, still then Leave without Pay could be applied and sanctioned at the discretion of the Controlling Officer.
Please note that the Controlling Officer has discretion only to grant or refuse the leave as applied for. It is beyond his reach alter the leave as applied and sanction a different type of leave.
If no leave is sanctioned, the period of absence will amount to break in service.
Rajendra K Goyal
(Expert) 22 May 2016
He has been awarded the punishment for his absence.
For treating the leave, departmental rules and order of disciplinary authority need to be referred.
Sudhir Kumar, Advocate
(Expert) 22 May 2016
I may partially agree with Mr Venu and will add.
When competent authority has not sanctioned leave then it matter nothing whether leave was applied or not.
Break in service may or may not be ordered (in 99.99% such cases do not end with break in service)
T. Kalaiselvan, Advocate
(Expert) 27 May 2016
I go with the views and opinions of expert Mr. Sudhir Kumar on the subject query.
