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Can leave be denied without proper ground.

Guest (Querist) 23 November 2014 This query is : Resolved 
No doubt, leave is not a matter of right and it can be denied for office interest. But,
can it be denied on improper ground, or
can it be rejected without any ground, just on whim and fancy of authority?
Is there are no sufficient and proper ground for denying leave, but when employee have a proper need of leave, still is it not a right?
If leave is not allowed even when there is no proper ground, can the aggrieved govt. employee have legal remedy in such case?
Guest (Expert) 23 November 2014
Mr. Vinod,

Unless on medical grounds, refusal by the competent authority to grant leave cannot be challenged. Since discretion lies with the authorities and even the element of pick & chose or favouritism also works, the only thing required of the employee is "a good rapport" with his superiors.
Guest (Querist) 23 November 2014
Thanks Sir. That is perfectly true.
But, Rule says " Leave cannot be claimed as of right and when the exigencies of public service so demand, leave of any description may be refused or
revoked by the Government". which means that the ground for refusal of leave should be exigencies, other wise not. I mean, this condition of exigencies is part of the complete sentence.
so it should be a check on arbitrariness, so,
is there really no scope in law against favouritism and discrimination (two people apply same leave for same purpose, one is denied and other is not).
I mean, is law and courts of really no help in such case, where boss is clearly have no ground to reject leave, not even official exigency? Truly surprising.
Thanks
Guest (Expert) 23 November 2014
Mr. Vinod,

Do you believe that if the employee demands a moon, the employer should always yield to his demands?

You would have seen many administrative orders, even in your own department, that contain a part of sentence, "IN THE INTEREST OF SERVICE" also. Have you found any specific reason in the order as to which specific interest or cause that order would serve that order is made?

So, any authority, who is loaded with some responsibility would not like that his unit be closed down due to frequent absence of his subordinate employees by allowing free will to the employees to avail leave any time they desire. The authorities delegated with powers act like virtual employer on behalf of the real employer. Discretionary powers are vested in authorities just to act prudently to keep balance between the Government's official requirements to run the work and the needs of the employees.

So, if you feel like discretion should not be allowed to the authorities, you may better file your own case in the CAT and get verdict based on your own perceptions. NO USE OF UNDUE EXTENTIOON OF THE THREAD.


Guest (Querist) 23 November 2014
Sorry Sir, that was not my intention. I was just having a point in mind, so I asked. And your reply (all those situations that you explained) indeed reflect that Boss have a reason. And my doubt was, when Boss doesn't have any of such reasons, then what. Any way thanks.
Sudhir Kumar, Advocate (Expert) 24 November 2014
Boss does not need to have any reason to refuse leave.
Sudhir Kumar, Advocate (Expert) 24 November 2014
are you the same person who has been advised on

http://www.lawyersclubindia.com/experts/Can-charge-sheet-be-given-for-unauthorised-absence-during-pendency-of-leave--509096.asp
Sudhir Kumar, Advocate (Expert) 24 November 2014
1. HAVE YOU READ A COPY OF THE WHOLE JUDGEMENT (not extract in Swamy's News).

2.HAVE YOU GOT A COPY OF THE JUDGEMENT FROM CAT?

3.HAVE YOU CHECKED FROM ANY LAWYER WHETHER THE SAID JUDGEMENT FITS IN YOUR CASE?

4. DOES THAT JUDGEMENT COMPEL YOUR BOSS TO SANCTION LEAVE?

5. HAVE YOU CHECKED WHETHER THE JUDGEMENT HAS BEEN CHALLENGED/REVERSED/ UPHELD BY HIGH COURT AND LATER BY SUPREME COURT.

6. HAVE YOU CHECKED WHETHER NO APPEAL AGAINST THIS CAT JUDGEMENT BEEN FILED BY THE RESPONDENTS WITHIN APPELLATE PERIOD.

7. HAVE YOU SERVED ATTESTED COPY OF THE JUDGMENT TO YOUR BOSS.
Rajendra K Goyal (Expert) 24 November 2014
Leave can not be claimed as right, no specific reason need to be given on refusal of leave application by the boss till rule specifically require so.

No. of facilities in the office can be enjoyed by better boss management.

Law may give relief but the process is time and cost consuming.
T. Kalaiselvan, Advocate (Expert) 27 November 2014
Nothing more to add to the views of expert Mr. Dhingra who has very properly replied the adamant author's query.



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