Lickitha Liki
Asked January 25, 2017

Legal consequences of overstaying leave

  • 1 Answer
  • 388 Views

I m a cg employee nd I m absent from 9.6.2016 from my duty due to my daughters illness.A fake fir also made against me by the police in the month of July.i couldn't reside my address due to fir.now I m awaiting for the orders of fir quash.i just avail cl only to get leave on 9.6.2016in my working department.but the consequent unfortunate reasons I was on overstayel of leave.i regularly sending my leave applications through registered post to my competent authority.But couldn't receive the reply from my department which was sent to my residential address.Due to fir I couldn't reveal my present address to my competent authority.And most important one is my daughter is still in clinical observation.Regarding this I want to know the consequences of overstayel of leave maybe it was treated wilfull absence.give the remedies also for the consequences.Thanking you

Answer 1

Overstaying on leave and wiful absence are in violation of  Rule 3(1)(ii)(iii) of the CCS (Conduct) Rules, 1964.Unless and until there was an element of wilfulness in the unauthorized absence, the employee cannot be held to have violated Rule 3(1)(ii)(iii) of the CCS (Conduct) Rules, 1964. If the absence was under compelling circumstances and it was not possible for the employee to report or perform the duty, such absence cannot be held to be wilful[1]. Overstaying on leave also allows dismissal from service

 

You can argue that your absence was not wilful as your daughter is gravely ill. Furthermore, the Supreme Court has in the past said that extreme punishment of removal from service in certain circumstances is not only unduly harsh but grossly in excess to the allegations; punishment has to be in proportion to the folly of the employee. You can argue that a family member suffering from various health problems should also fall in these circumstances[2].

 

You have the following options-

 

  • You could file a plea with the Central Administrative Tribunal (CAT), at any one of its following branches-
  • There are several advantages of pleading with a tribunal-

    • They consist of experts drawn from same/similar government services.
    • They are able to deal with cases in an expedited manner
    • They are relatively cheaper in terms of employing fiscal resources.
    • You could plead yourself or employ someone to plead on your behalf at the CAT.

     

    2. In case your plea at CAT fails or is rejected , you could consider filing an affidavit at the High Court. The High Court, employing its powers under Section 482 of CrPC is empowered to do complete justice in all matters related to criminal justice administration.  You can argue before the court that owing to a change of address and other personal difficulties, i.e. your daughter being gravely ill  you could not respond effectively to departmental summons to join duty again.

     

    [1] Yogita Swaroop vs Union Of India, CENTRAL ADMINISTRATIVE TRIBUNAL

    PRINCIPAL BENCH, Delhi, O.A. No.143/2013, Reserved On:01.12.2014, Pronounced On:15.12.2014

     

    [2] Coal India Ltd. & Anr vs Mukul Kumar Choudhari, CIVIL APPEAL NOS.5762-5763 OF 2009

              (Arising out of SLP(C) Nos. 776-777/2009), Supreme Court of India

     

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