Dies Non due to Unauthorised absence

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

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

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?

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.

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.

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.

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

Thank you so much for your understanding and appreciation.

You have sated that your explanation was found satisfactory.  ow known how it was conveyed to you.

 

Feasibility of movig to CAT can be clearly commentd on seeingthe relevant papers.

Explanation sought by my office:
1. explain why you have gone out side the station without permission( reason for doubt: round stamp on medical certificate issued by governament medical officer indication another district of Telangana state which is 80km away from my office.)

my explanation: respected sir, though doctor working in another district which is 80km away ,but he is residing near my residence and within 10km from office. Moreover he is a well-known to me and famous doctor.

2. explanation sought by office for hospital:
why you have not went to CGHS Wellness center.

my explanation: sir, it was 03 Mar 2024 sunday night when I was suffering with stomach pain and loose motions and contacted near by government medical officer who knows me better. And hence treated me and issued the medical certificate for 3 days accordingly.

3. enquiry conducted for local residence of doctor:

my office has detailed one officer and along with me for confirmation of residence of doctor.
we both went and confirmed the same when the wife of the doctor was alone in the residence. She little felt inconvenience and angry because of wrong time of enquiry of house. . However, I have convinced her and the same mentioned in the report.

After these , I learned that the Dies non is published.

My reaction to Dies non:

1. I have sent whatsapp message to My boss who imposed dies non pleading for meeting to discuss about Dies Non.

He positively responded, but could not given time.

2. I have approached my immediate superior officers ,they have asked for pardon on behalf of me.

3. After above, I have personally met and begged pardon and explained about the incident from begginging ( loose motions and stomach pain)to end(Dies non).

response of my boss: see Mr Vijay saab, it is nothing . just 3days praise kaatega. kuch nahi hota hai. I would have been conducted stringent enquiry very seriously and would have been issued charge sheet.

I have again and again begged for pardon because it would be a blemish and bad name forever for no wilful mistake. my absence is purely due to medical emergency and that to very short period 3days.

He kept calm and smile for few seconds. Then said ok.

This is how happened as on today i. e.27 Nov 2024.

Respected sir/ Madam,

please guide me f8r next course of action

Explanation sought by my office:

 

1.      explain why you have gone out side the station without permission( reason for doubt: round stamp on medical certificate issued by governament medical officer indication another district of Telangana state which is 80km away from my office.)

 

my explanation: respected sir, though doctor working in another district which is 80km away ,but he is residing near my residence and within 10km from office. Moreover he is a well-known to me and famous doctor.

 

YES THERE IS NO BAR ON DOCTOR SEEING PATIENT OTHER THAN HIS CLINICS

 

2. explanation sought by office for hospital: why you have not went to CGHS Wellness center.

 

my explanation: sir, it was 03 Mar 2024 sunday night when I was suffering with stomach pain and loose motions and contacted near by government medical officer who knows me better. And hence treated me and issued the medical certificate for 3 days accordingly.

 

THE EXPLANATION SEEMS SUITABLE

 

 3. enquiry conducted for local residence of doctor: my office has detailed one officer and along with me for confirmation of residence of doctor. we both went and confirmed the same when the wife of the doctor was alone in the residence. She little felt inconvenience and angry because of wrong time of enquiry of house. . However, I have convinced her and the same mentioned in the report. After these ,

 

 

SUCH  LIKE INQUIRY IS FIRST OF ALL ABSOLUTELY ILLEGAL AND YOU ARE ALSO NOT CLEAR AS TO WHICH REPORT DID THE OFFICIAL GAVE. 

 

 I learned that the Dies non is published. My reaction to Dies non:

 

1. I have sent whatsapp message to My boss who imposed dies non pleading for meeting to discuss about Dies Non. He positively responded, but could not given time.

 

2. I have approached my immediate superior officers ,they have asked for pardon on behalf of me. 3. After above, I have personally met and begged pardon and explained about the incident from begginging ( loose motions and stomach pain)to end(Dies non). response of my boss

 

ONCE HAVING AWARDED DIES NON THE PERSONS IS NO MORE COMPETENT TO REVERSE THE SAME.

 

IT APPEARS THAT YOU GAVE ONLY WHATSAPP MESSAGE (WHICH IS LEAST LIKELY TO BE COMPREHENSIVE 

 

IT SEEMS THAT TILL NOW THAT YOU NEVER E[PRESENTED AGAINST THE ”DIS-NON”

 

 Mr Vijay saab, it is nothing . just 3days praise kaatega. kuch nahi hota hai.

 

to some extent he is correct the dis non will be hurtful if after this dis non you are left with service of 32 years 8 months and 29 days (or below) . 

 

IF THE SERVICE IS ALREADY 33 YEARS (66 HALF YEAR AND LARGER FRACTION OF HALF YEAR TO COUNT AS HALF YEAR)

 

THE OR IF THE SERVICE IS LESS THAN 33 YEARS THESE 3 DAYS WILL BE DETRIMENTAL TO THE PENSION IF BY REDUCING THESE THREE DAYS THE LAST HALF YEARS BECOMES LESS THAN 2 MONTHS AND 31 DAYS.

 

I WOULD HAVE BEEN CONDUCTED STRINGENT ENQUIRY VERY SERIOUSLY AND WOULD HAVE BEEN ISSUED CHARGE SHEET.

 

HE IS BLUFFING.  3 DAYS ABSENCE COULD NOT HAVE RESULTED IN SRINGENT INQUIRY

 

I have again and again begged for pardon because it would be a blemish and bad name forever for no wilful mistake. my absence is purely due to medical emergency and that to very short period 3days.

 

IT MEANS YOU STILL HAVE NOT REPRESENTED.

 

SECONDLY  DIES NON  IS NOT A BLEMISH.

 

He kept calm and smile for few seconds. Then said ok.

.

THIS “OK” HAS NO RELEVANCE IN LEGAL TERMS.
 

 

The leave sanctioning officer is not convinced about the genuineness of your case. This matter cannot be settled in this forum. You can appeal to the officer higher to the sanctioning officer. If you feel that still you have not got justice you will have to go to the tribunal. According to me this is a trivial matter not worth going to the tribunal. Your loss is limited to the salary you lose for the number of days of dies non and nothing more. In these matters many unsaid things also count, like your past conduct in the office, the exigencies in the office during the period when you remained absent, general attitude of the leave sanctioning officer and last but not the least any animosity the senior officer may have towards you. I am myself a retired senior government officer dealing with sanctioning of leave etc, and I was familiar with such cases.

Thaks for Dr Ramani.

 

I think he came here to examine the feasibility of going to CAT.