Instructions on Regularization of Unauthorized Absence

Department of Personnel and Training has issued following Consolidated
instructions on Regularization of Unauthorized Absence.

As per Rule 25 of CCS (Leave) Rules 1972:

• Unless the authority competent to grant
  leave extends the leave, a Government servant who remains absent after the
  end of leave is entitled to no leave salary for the period of such absence
  and that periodshall be debited against leave account as though it were half
  pay leave, to the extent such leave is due, the period in excess of such
  leave due being treated as extraordinary leave.
• Willful absence from duty after the expiry
  of leave renders a Government servant liable to disciplinary action.
  Government of India decisions also exists that a Government Servant who
  remains absent without any authority should be proceeded against immediately
  and this should not be put off till the absence exceeds the limit prescribed
  in Rule 32(2) (a) of the CCS (Leave) Rules, 1972.
• It is once again stressed that a Govt.
  servant who remains absent without any authority should be proceeded against
  immediately. Ministries/Departments are requested to ensure that in all
  cases of unauthorized absence by a Government Servant, he should be informed
  of the consequences of such absence and be directed to rejoin duty
  immediately within a specified date, say within three days, failing which he
  would be liable: for disciplinary action under CCS(CCA) Rules 1965. If the
  Government Servant does not join duty by the stipulated date the
  Disciplinary Authority should initiate disciplinary action against him and
  the disciplinary case should be conducted and concluded as quickly as
  possible.
• It is only due to apathy of the
  Disciplinary Authorities that the situation arises where long pending
  unauthorized absence leads to delay in other service matters of Government
  Servants, including promotions. To avoid such situations all Ministries
  Departments should advise Disciplinary Authorities to ensure that prompt
  action is taken against Government Servants who absent themselves with out
  permission and that Charge-Sheets are issued without delay.
• The consequences and procedure to be
  followed in respect of an officer who is absent from duty without any
  authority has been brought out under FR 17(1 ) and 17-A. As per FR 17-A(iii)
  without prejudice to the provisions of Rule 27 of the Central Civil Services
  (Pension) Rules, 1972, remaining absent without any authority or deserting
  the post, shall be deemed to cause an interruption or break in the service
  of the employee, unless otherwise decided by the competent authority for the
  purpose of leave travel concession, quasi-permanency and eligibility for
  appearing in deparment examinations, for which a minimum period of
  continuous service is required.
• Comptroller and Auditor General have issued
  orders that the period of absence not covered by grant of leave shall have
  to be treated as “dies non” for all purpose; viz., increment, leave and
  pension. Such absence without leave where it stands singly and not in
  continuation of any authorized leave of absence will constitute an
  interruption of service for the purpose of pension and unless the pension
  sanctioning authority exercise its powers under Article 421, Civil Service
  Regulations [now Rule 27 of the CCS (pension) Rules] to treat the period as
  leave without allowance, the entire past service will stand forfeited.
• It may be noted that regularization of
  unauthorized absence for pension purpose is to be considered under the CCS
  (Pension) Rules. Only in cases where the disciplinary authority is satisfied
  that the grounds adduced for unauthorized absence are justified, the leave
  of the kind applied for and due and admissible may be granted to him under
  the CCS (Leave) Rules.

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Office Memorandum No. 13026 /3/20 LO-Estt. ( Leave) dated 22.06.2010