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HomeCCS (CCA) Rules'Wilful' unauthorized absence & its effects - Dies-non / Break in service

‘Wilful’ unauthorized absence & its effects – Dies-non / Break in service

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There are two kinds of ‘wilful’ absence –

  1. Unauthorized absence beyond sanctioned leave;
  2. Absence not covered by any leave.

The consequences of wilful unauthorized absence are as follows:

 Wilful absence not covered by any leaveWilful absence beyond sanctioned leave
Explanation

Absence without any leave and not in continuation of any authorized leave of absence.Ex: Employee remains absent without any sanction of leave.

Unauthorized absence after expiry of sanctioned leave.Ex: Leave sanctioned from 5th Jan to 6th January. Employee did not join the duty on 7th January and remained absent.

Effects-Common
  • No pay and allowances for the period of unauthorized absence – FR 17(1).
  • Treated as dies-non for all purposes, viz., increment, leave, pension, LTC, departmental exams, etc.
  • Liable for disciplinary action, treating it as misconduct.
  • No pay and allowances for the period of unauthorized absence – FR 17(1).
  • Treated as dies-non for all purposes, viz., increment, leave, pension, LTC, departmental exams, etc.
  • Liable for disciplinary action, treating it as misconduct.
Effects-Distinct
  • Constitutes break in service that forfeits past service for the purpose of pension. It requires condonation by the Appointing Authority for counting past service for pension.
  • Condonation shall be considered on its own by the Department. Condonation shall not be refused except in grave circumstances.
  • Period of absence shall be debited against his leave account treating it as half pay leave (HPL) to the extent it is available, and
  • the period in excess of such leave available will be treated as extraordinary leave (EOL).

– Rule 25 of CCS (Leave) Rules, 1972.

DoPT O.M. No. 13026/3/2012-Estt (Leave) dt.28.03.2013 – Consolidated instructions reg. action warranged against Govt. servants remaining away from duty without authorisation/ grant of leave – Rule position:

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