Is study leave allowed during pendency of charge-sheet
Guest
(Querist) 23 November 2014
This query is : Resolved
Sir,
If a charge-sheet is pending against a govt. employee (not under suspension), is he/she still eligible for study leave (study to be conducted in India only) or does the rule deny study leave during pendency of charge-sheet, if
the govt. employee is not under suspension and study is in india only.
Thanks
Guest
(Expert) 23 November 2014
Apply first for study leave and if you get any problem only then ask, but with full background of the case, not through a hypothetical, academic and general knowledge type question.
However, in a case of major penalty charge sheet, you should not expect the authorities to grant you study leave, as in that case termination/ removal or even dismissal from service can also be possible.
R.K Nanda
(Expert) 23 November 2014
agree with Dhingrag.
Guest
(Querist) 23 November 2014
Thanks for reply sir. The question is not hypothetical (its my case) and charge sheet is indeed of major penalty. Your answer is indeed seems right. But as I heard, sometimes law is at opposite end to what we feel. My request is to advice if there is any rule, govt. Instructions, circular etc. that prohibits it. (for study leave to foreign study, requirement of vigilance clearance is there, but for Indian study I didn't find. Can you please advise. It is needed for real matter. Thanks
Devajyoti Barman
(Expert) 23 November 2014
There is no specific Rule or Law whereby study leave is barred during pendency of Disciplinary proceeding.
Rajendra K Goyal
(Expert) 23 November 2014
You should apply for study leave with the assurance to the employer that you will be available for disciplinary inquiry proceedings. Wait for the reply of the department. If they deny, they would inform about the grounds of refusal.
Guest
(Querist) 23 November 2014
Thank you Goyal Sir and Barman sir. I applied, but they did not refuse. They only wrote that you have a disciplinary case pending. No reply whether they are rejecting or accepting. It is just pending after that.
What can I do in such situation? What legal remedy is available for me?
Kindly help. Thanks
Guest
(Expert) 23 November 2014
Better read study leave rules in your department's prescribed leave leave, where you can find that the leave sanctioning authority has to be sure that you will serve the department for some specific period after completion of your study, as per bond conditions, which will have to fill up & sign.
That is why, I told you to apply first and ask only if you get any problem. Till then it is merely a hypothetical query, as you have not stated in query, what practically you have done in this respect. You have neither stated whether you are central or state Government employee, whether have applied for study leave, whether received any response of the competent authority to be examined if against the provisions of rules or not.
If you don't try to study the rules on the issue, how you can find any rule, govt. Instructions, circular etc.
Guest
(Querist) 23 November 2014
Thank You Sir. Central Govt. Rules apply to my department. I applied and they had no other issue except that pending proceeding. They want clarity only on this point. rest is no issue. If I can convince them that pending proceeding is no constraints in Rules then there is no issue. I have still 21 years of service left, and rest all formalities I have fulfilled, and assured all terms and condition imposed.
The only doubt they are raising "whether study leave is allowed or prohibited during pendency of charge-sheet".
And If my leave is denied on unlawful ground, can I have legal relief (I know that leave is not a matter of right, but can it be denied on incorrect ground)?
If you can help me on this it will be great help Sir. Thanks
Guest
(Expert) 23 November 2014
If they have written "that you have a disciplinary case pending" that itself means your leve is refused.
But, you have also not stated whether you have actually received a major penalty charge sheet or is still under consideration. If you have received the charge sheet, you should have made a clear mention about that.
Half baked facts or supplied in piece meals may not help you to get proper solution. That can only lead towards wastage of precious time of the experts, as you should not expect them to presume anything on your behalf.
However, for your information, if the charge sheet is still not served, disciplinary case can be said to be contemplated, but not pending. If already serve, virtually, you don't have any legal remedy, as leave of any type cannot be claimed as of right.
Guest
(Querist) 23 November 2014
Sir, Extremely sorry. I have no intention to waste valuable time of experts. Just tried to parsimonious.
I have received a major penalty charge-sheet and that is kept pending since 5 years without even appointing IO/PO. I have done my best (except going to CAT) to expedite but of no avail. They have asked vigilance opinion on study leave matter, and vigilance department replied that it is only administrative matter (because study was in India only) means vigilance had not shown any objection to leave.
They only are in doubt if granting study leave is prohibited under leave rules.
For me,
I additionally need to know if I have legal recourse if my leave is denied on grounds beyond Rules?
Need kind help.
Guest
(Expert) 23 November 2014
Better send complete details of both the cases, separately, through email for proper analysis. Except review of the case by the competent authority, there is no legal recourse, as leave cannot be granted as of right. More so, study leave is a type of privilege leave to the Government employees.
Sudhir Kumar, Advocate
(Expert) 24 November 2014
Prima-facie no leave can be refused simply if the emoployee is having a pending chargehset, if the leave applied is admissible (as per rules) and authroised (by sanctioning authority).
I do not know how far this sentence will fit in your case.
You have decided not to reveal the facts of the case and expect to get a free advise. So far you have not got the same.
Guest
(Expert) 24 November 2014
@ Mr. Sudhir Kumar,
Wish your assumption works well with the querist, as per your statement, "Prima-facie no leave can be refused simply if the emoployee is having a pending chargehset."
I may like to remind you, he has talked about "study leave", not other kinds of leave at his credit in his leave account.
About your statement, "if the leave applied is admissible (as per rules) and AUTHORISED (by sanctioning authority), the leave is not yet authorised. Probably, you have not read author's response that "no reply whether they are rejecting or accepting. It is just pending after that," as can be seen in reply to Shri Rajendra K Goyal's advice.
Even otherwise also, his query speaks "Is study leave allowed during pendency of charge-sheet," which itself reveals that the leave is still not allowed, as has yet to be authorised.
Sudhir Kumar, Advocate
(Expert) 24 November 2014
It is he who has to clarify as to why study leave is being refused.
The reason could be :-
(i) leave is not admissible as per leave rules.
(ii) the course for which leave is applied does not meet the job content.
(iii) higher authorities are not able to spare his absence.
or whether :-
(iv) pendancy of chargehseet is being stated as ground of refusal.
He also has to clarify whether refusal is in writing.
It is also not clear whether chargesheet is actually pending for the last five years or the deptt has committed frequent mistake of closing the case without informing the accused.
Guest
(Expert) 24 November 2014
@Sudhir Kumar,
You are welcome to make the competent authority to spell any of the reasons for refusal of leave, as assumed by you, if you can compel him or by referring any specific rule of the Leave Rules.
