Monday, November 10, 2014

GoI makes Amendment to CCS (Leave) Rules to curb unauthorised absence

The Department of Personnel and Training (DOPT) has amended the CCS (Leave) Rules vide Notification dated 29.03.2012.  as per the new amendment, the Government Servants cannot be granted any kind of leave for a continuous period more than 5 years.  It has been further laid down that any government servant if absent from duty for more than 5 years continuously with or without leave (other than on foreign service), they shall be deemed to have resigned from their post. 
This amendment is expected to simplify the procedures of discharge  in cases where government is spending tax payers money on pointless disciplinary actions . Since the leave rules specify the penalties in itself there is no need to conduct deaprtmental inquiry for unauthorised  absence and they can get rid of the employees by issuing an order relieving them from there posts. Now on wards, overstay of leave after the specified period is considered as deemed resignation not as  unauthorised absence or misconduct.
This amendment is a blessing in disguise for people who have tendered there resignations which are not accepted by their mediocre bosses due to professional jealousy. 

Complete text of DOPT Notification dated 29.03.2012  is reproduced below :

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi. the 29th March, 2012.
GSR…….(E) …. In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-
I. (i) These rules may be called the Central Civil Services (Leave) (Amendment) Rules, 2012.
(2) They shall come into force on the date of theìr publication in the Official Gazette.
2. In the Central Civil Services (Leave) Rules, 1972, for rule 12, the following rule shall be substituted, namely:-
“12.(I) No Government Servant shall be granted leave of any kind for a continuous period exceeding five years.
(2) Unless the President, in view of the exceptional circumstances of the case, otherwise determines,  a Government servant who remains absent from duty for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned from the Government service :
Provided that a reasonable opportunity to explain the reasons for such absence shall be givne to that Government servant before provisions of sub-rule (2) are invoked”.
(Mamta Kundra)
Joint Secretary to the Government of India

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