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Service --no leave grnated to govt employee for 2 months

(Querist) 10 October 2013 This query is : Resolved 
My younger cousin who is working as health worker in Delhi Govt hospital applied for leave for treating his mother for cancer at Big Hospital But his administration has denied leave on the ground of notification "As per directions received from the office of Secretary( H& FW) ,Department of Health & Family welfare GNCTD, no leave of any kind will be granted/sanctioned to any one during the enforced model code of conduct in view of Delhi State Assembly Elections"
Whether leave can be denied on this ground??..In case of emergency he takes leaves what action can be taken against him??
Sudhir Kumar, Advocate (Expert) 11 October 2013
long every state/central govt in delhi is being denied long leave rill elections.

it is legal. Nothing new this year.
Rajendra K Goyal (Expert) 11 October 2013
If this is as per administrative instructions / notification it is valid. Emergent conditions may have been mentioned in the notification.
Raj Kumar Makkad (Expert) 11 October 2013
It shall be better for your cousin to make a representation to the Secretary through proper channel with one advance copy enclosing the medical documents of his mother so that he may get exemption from the notification.
Guest (Expert) 11 October 2013
Leave can be denied, but in genuine cases, there is no blanket ban on grant of leave. Your cousin must approach the Election Officer with the request to exempt him from the ban and get his recommendation addressed to the leave sanctioning authority or his higher authority for grant of leave to him.
Raman (Querist) 11 October 2013
Thank you for all your advices..Please inform whether one day or two day leave can be taken in emergency conditions
Rajendra K Goyal (Expert) 11 October 2013
In the orders, any distinction between short or long leave may not be there. You may refer the respective orders.
Guest (Expert) 11 October 2013
Depends upon the spirit of the ban order.
R.K Nanda (Expert) 11 October 2013
nothing to add more.


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