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Adarsh Babu   07 January 2022

medical leave in govt service

Dear members

I have a query related to govt job

My father worked at the KSRTC depot and had to take leave due to physical ailments.Vigilance inquiry by KSRTC following this for not entering work,father was mentioned as guiltyBut as soon as we could, we submitted medical records stating our difficulties What do we need to do now to get back to work?Will there be action to dismiss us from our job as per the Vigilance Inquiry Report?Is there any way to get the money taken out of our hands even if it is dissolved?kindly help us


Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 January 2022

if you face injustice, you can file a petition in the court of law

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 January 2022

You are not telling the whole truth. Absenting from work is not a criminal offence.

Archana Pandey   14 January 2022

 

Rule 3(1) (ii) and Rule 3(1) (iii) of Central Civil Services (Conduct) Rules, 1964, relates to all time maintaining integrity, devotion to duty and to do nothing which is unbecoming of a Government servant and reads as follows:

Rule 3 - General.

(1) Every Government servant shall at all times--

(i) maintain absolute integrity;

(ii) maintain devotion to duty; and

(iii) do nothing which is unbecoming of a Government servant.

In this case,  If the absence is the result of compelling circumstances under which it was not possible to report or perform duty, such absence can not be held to be willful.

Absence from duty without any application or prior permission may amount to unauthorized absence, but it does not always mean willful. There may be different eventualities due to which an employee may abstain from duty, including compelling circumstances beyond his control like illness, accident, hospitalization, etc., but in such case the employee cannot be held guilty of failure of devotion to duty or behavior unbecoming of a Government servant.

In a Departmental proceeding, if allegation of unauthorized absence from duty is made, the disciplinary authority is required to prove that the absence is willful, in absence of such finding, the absence will not amount to misconduct.

Case Reference Krushnakant B. Parmar  Vs. Union of India (UOI) and Ors.

 

 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 January 2022

I think KSRTC is Kerala Government. There is a communist government there re-elected after 5 years of rule. They will not take such drasctic action as dismissal without benefits just for an authorized absence. I feel the whole story is not disclosed.


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