Action on unauthorized absence in central govt

This query is : Resolved 

Querist : Anonymous (Querist)
06 June 2021

hii i am working in central govt group b as confirmed employee.i need leaves for 6-8 months for upsc preparation..i am left with last superior are not in favor to give me leaves..what if i proceed for unauthorised leaves.. what action can be taken against me? and under which rule.

Sankaranarayanan Online (Expert)
06 June 2021

Definitely, you are answerable regarding your unauthorized absents in your work. You are liable for departmental enquiry . If any notice been issued against your unauthorized absence? then you have to reply for it for which you can better to consult local labour oriented lawyer and seek advise , act accordingly.

Querist : Anonymous (Querist)
06 June 2021

can someone suggest service matter lawyer who can guide me in this matter? i am based in mumbai.

Sankaranarayanan Online (Expert)
06 June 2021

So many advocates available in this forum

T. Kalaiselvan, Advocate Online (Expert)
06 June 2021

as per rule 51 of CCS(Leave) Rules, 1972, Central Government employees can be granted study leave for a period of 24 months during his entire service inclusive of similar kind of leave for study or training granted under any other rules
1. Conditions for grant of Study Leave:
(1) Subject to conditions specified in this Section, study leave may be granted to a Government servant with due regard to the exigencies of public service to enable him to undergo, in or out of India, a special course of study consisting of higher studies or specialized training in a professional or a technical subject having a direct and close connection with the sphere of his duty.

(2) Study leave may also be granted-

(i) for a course of training or study tour in which a Government servant may not attend a regular academic or semi-academic course if the course of training or the study tour is certified to be of definite advantage to Government from the point of view of public interest and is related to sphere of duties of the Government servant; and

(ii) for the purpose of studies connected with the framework or background of public administration subject to the conditions that-

(a) the particular study or study tour should be approved by the authority competent to grant leave; and

(b) the Government servant should be required to submit, on his return, a full report on the work done by him while on study leave;

(iii) for the studies which may not be closely or directly connected with the work of a Government servant, but which are capable of widening his mind in a manner likely to improve his abilities as a civil servant and to equip him better to collaborate with those employed in other branches of the public service.

Note: Application for study leave in cases falling under clause (iii) shall be considered on merits of each case in consultation with the Department of Expenditure of the Ministry of Finance.

Querist : Anonymous (Querist)
06 June 2021

study leave is for some degree or professinal course not for competitive exam preparation.

Dr J C VashistaOnline (Expert)
07 June 2021

Provision of Rule 51 of CCS (Leave) Rules 1972 is inapplicable in the instant case.
You may apply for leave without pay for preparation and appearance in UPSC examination, which can be granted, if you may convince your immediate superior.

P. Venu Online (Expert)
08 June 2021

Yes, provisions of Rule 51 are of no application in the instant case.

T. Kalaiselvan, Advocate Online (Expert)
09 June 2021

If study leave is not applicable to your situation, you may apply for leave without pay or extra ordinary leave without pay.
There is no provision for granting unauthorised leave in law.
The leave without pay or extra ordinary leave are all part of the authorised leaves as per leave regulations.

P. Venu Online (Expert)
10 June 2021

The question of grant of leave need also to be considered from the point of view of the head of the Office/ Controlling Authority as well. Continued absence of an employee for such long period cannot but adversely affect administration. No responsible Officer can and would sanction leave for such a long period; it amounts to wilful negligence.

A viable option is to avail of leave in different spells after taking the HoD into confidence.

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