CHAPTER – VII

Dismissal, Removal and Suspension

CESSATION OF PAY ANDE ALLOWANCES ON REMOVAL OR DISMISSAL

7.1       The pay and allowances of a Government employee who is dismissed or removed from service cease from the date of such dismissal or removal.

ALLOWANCES DURING PERIOD OF SUSPENSION

7.2       (1)        A Government employee under suspension shall be entitled to the following payments, namely :-

(i)                  in the case of a Warrant Officer in Civil employ who is liable to revert to military duty, the pay and allowances to which he would have been entitled had he been suspended, while in military employment.

(ii)                In the case of any other Government employee -

(iii)               A subsistence allowance at an amount equal to the leave salary which the Government employee  would have drawn if he had been on leave on half pay, and in addition dearness allowance, if admissible, on the basis of such leave salary :

Provided that where the period of suspension exceeds six months, the authority which made or is doomed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first six months as follows :-

(i)         the amount of subsistence allowance may be increased by a suitable amount not exceeding 30 per cent of the subsistence allowance admissible during the period of the fist six months, if in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing not directly attributable to the Government employee .         

            (ii)        the amount of subsistence allowance may be reduced by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first six months, if in the opinion of the said authority, the period of suspension has been prolonged due to reasons to be recorded in writing, directly attributable to the Government employee.

(iii)       the rate of dearness allowance will be based on the increased or as the case may be the decreased amount of subsistence allowance admissible under clauses (i) and (ii) above ;

(b)         any other compensatory allowances admissible from time to time on the basis of pay of which the Government employee was in receipt on the date of suspension subject to the fulfillment of  other conditions laid down for the drawal of such allowances.

(2)    No payment under sub-rule (1) shall be made unless the Government employee furnishes a certificate that he is not engaged in any other employment, business, profession or vocation.

Provided that in the case of Government employee dismissed, removed or compulsorily retired from service, who is deem to have been placed or to continue to be under suspension from the date of such dismissal or removal or compulsory retirement and who fails to produce such a certificate for any period or periods during which he is deemed to be placed or to continue to be under suspension, he shall be entitled to the subsistence allowance and other allowances equal to the amount by which his earnings during such period or periods as the case may be fall short of the amount of subsistence allowance and other allowances that would otherwise be admissible to him, where the subsistence and other allowances admissible to him are equal to or less than the mount earned by him, nothing in this provision shall apply to him.

Note 1.-           Mounted Police officers who are placed under suspension will cease to draw horse, pony or camel allowance, as the case may be, and will hand  over their mounts to the Lines Officers or the Officer-in-charge of the  mounted Police who shall be responsible for the feeding and keeping of such animals under the supervision of a gazetted Government employee .  The actual expenditure incurred on this account will be debitable  Contingencies under the head “feeding and keeping of animals of Mounted Police Officers under Suspension.”

The term “Mounted Police Officer” includes members of the Mounted Police as well as Upper Subordinates who keep mounts.

Note 2.-           It is obligatory under this rule that in sufficient time before the expiry of the first six months of suspension the competent authority should review each case in which the period of suspension is likely to exceed six months, and even if it comes to the conclusion that the rule is not to be altered having regard to all circumstances of the case specific orders to that effect are to be passed placing on record the circumstances under which the decision had to be taken.

 

ALLOWANCES ON REINSTATEMENT

 

7.3. (1) When a Government employee, who has been dismissed, removed or compulsory retired, is reinstated as a result of appeal, revision or review, or would have been so reinstated but for his retirement on superannuation while under suspension or not, the authority competent to order re-instatement shall consider and make a specific order-

 

(a)        regarding the pay and allowances to be paid to the Government employee for the period of his absence from duty including the period of suspension, preceding his dismissal removal or compulsory retirement, as the case may be; and

 

(b)        whether or not the said period shall be treated as a period spent on duty.

 

(2)        Where the authority competent to order re-instatement is of opinion that the Government employee, who had been dismissed, removed or compulsorily retired, has been fully exonerated, the Government employee shall, subject to the provisions of sub-rule (6), be paid his fun pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended, prior to such dismissal, removal or compulsory retirement, as the case may be :

 

Provided that where such authority is of opinion that the termination at the proceedings instituted against the Government employee had been delayed due to reasons directly attributable to the Government employee it may, after giving him an opportunity to make representation and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing, that the Government employee shall, subject to the provisions of sub-rule (7), be paid for the period of such delay only such amount (not being the whole) of pay and allowances, as it may determine.

 

(3)        In a case falling under sub-role (2) , the period of absence from duty including the period of suspension preceding dismissal, removal or ~omp1lisory retirement, as the case may be, shall be treated as a period spent on duty for all purposes.

 

            (4)        In cases other than those covered by sub-rule (2) including cases where the order of dismissal, removal or compulsory retirement from service is set aside by the authority exercising Powers or appeal revision or review solely on the ground of non compliance with the requirements of clause (2) of article 311 of the Constitution and no further Inquiry is proposed to be held, the Government employee shall, subject to the provisions of sub-rules (6) 811d (7), be paid such amount (not being the whole) of pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or Suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority may determine, after giving notice to the Government employee of the quantum proposed and after considering the representation, if any, submitted by him in that connection with such period as may be specified in the notice.

 

Provided that any payment under this sub-rule to a Government employee other than a Government employee who is governed by the provisions of the payment of Wages Act, 1936 (Act 4 of 1936) shall be restricted to a period of three years immediately preceding the date on which order for re-instatement of such Government employee are passed by the authority exercising the powers of appeal, revision or review, or Immediately preceding the date of retirement on superannuation of such Government employee, as the case may be.

 

            (5)        In a case falling under Sub-rule (4), the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall not be treated as a period spent on duty, unless the competent authority specifically directs that it shall be so treated for any specified purpose :

 

Provided that if the Government employee so desires such authority may direct that the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall be converted into leave of any kind due and admissible to the Government employee.

 

Note :-The order of the competent authority under the preceding proviso shall be absolute and no sanction of the higher authority shall be necessary for the grant of-

 

(a)        extraordinary leave excess of three months in the case temporary Government employee; and

 

(b)        leave of any kind due in excess of five years in the case of a permanent and quassi permanent Government employee.

 

(6)        The payment of allowances under sub-ruJe (2) or sub-rule (4) shall be subject to all other conditions under which such allowance admissible.

 

(7)        The amount determined under the proviso to sub-rule (2), or under sub-rule (4) shall not be less than the subsistence allowance and other allowances admissible under rule 7.2.

 

(8)        Any payment made under this rule to a Government employee on his reinstatement, shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of removal, dismissal or compulsory retirement, as the case may be, and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less Ulan tile amounts earned during the employment elsewhere nothing shall be paid to the Government employee.

 

Note1  This rule is absolute and unconditional and so the question of lien does not arise in the case of a Government employee who is dismissed from service and is reinstated on appeal, revision or review when the period of unemployment between the date of dismissal and reinstatement is declared by the authority exercising the period of appeal, revision or review as the period spent on duty.

 

Note2  Clause (b) or sub-rule (I) of this rule does not forbid the period spent under suspension being treated as leave, and it is open to the authority exercising the Powers of appeal, revision or review to specify the proportion of pay and allowances to be paid as the leave salary which would be permissible, if the Government employee were on leave.

 

 

Administrative Instruction -  A permanent post vacated by the reason of dismissal, removal or compulsory retirement of a Government employee should not be filled substantively until the expiry of a period of one year from the date of such dismissal, removal or compulsory retirement. Where, on the expiry of the period of one year, the permanent post is tilled and the original incumbent of the post is reinstated thereafter, he should be accommodated against any post which may be Substantively vacant in the grade to which his previous substantive post belonged. If there is no such vacant post, he should be accommodated against a supernumerary post which should be created in that grade with proper sanction and with the stipulation that it would terminate on the occurrence of the first substantive vacancy in that grade.

 

Note3  If no order is passed under sub-rule (5), directing that the Period of absence be treated as duty for any specified purpose, the period of absence should be treated as 'non-duty'. In such event, the past service (i. e, service rendered before dismissal, removal, compulsory retirement) will not be forfeited.

 

Note4  There is no bar to the conversion of any portion of a Period of suspension into extraordinary leave. In the case of persons who are not fully exonerated, the conversion of the Period of suspension into leave with or with. out allowances has the affect of removing the stigma of suspension and all the adverse consequences owing therefrom. The moment the period of suspension is converted into leave, it has the effect of vacating the order of suspension, and it will be deemed not to have been passed at all. Therefore, if it is found that the total amount of subsistence and compensatory allowances that an officer received during the period of suspension exceeds the amount of leave salary and allowances, the excess will have to be refunded and there is no escape from this conclusion.

 

 

7.3-A. (1) Where the dismissal removal or compulsory retirement of a Government employee is set aside by a court of law and such Government employee is re-instated without holding any further inquiry, the period of absence from duty shall be regularized and the Government employee shall be paid pay and allowances in accordance with the provisions of sub-rule (2) or sub-rule (3) subject to the directions if any, of the court.

 

(2) (i) Where the dismissal, removal or compulsory retirement of a Government employee is set aside by the court solely on the ground of non-compliance with the requirements of article 311 of the Constitution, and where he is not exonerated on merits, the Government employee shall, subject to the provisions of Sub-rule (7) of rule 7.3, be paid such amount (not being the whole) of the pay and allowances, to which he would have been entitled had he not been dismissed, removed or compulsorily retired, suspended prior to such dismissal removal or compulsory retirement, as the case may be, as the competent authority may determine, after giving notice to the Government employee of the quantum proposed and after considering the representation, if any, submitted by him in that connection within such period may be specified in the notice :

 

Provided that any payment made under the sub-rule to a Government employee other than a Government employee who is governed by the provisions of the Payment of Wages Act, 1986 (Act 4 of 1936) shall be restricted to a period of three years immediately preceding the date on which the judgment of the court was passed or the date of retirement on superannuation of such Government employee, as the case may be.

 

(11)      The period intervening the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal removal or compulsory retirement, as the case may be, and the date of judgment of the court shall be regularized in accordance with the provisions contained in sub-rule (5) of rule 7.3.

 

(3)        If the dismissal, removal or compulsory retirement of a Government employee is set aside by the court on the merits of the case, the period intervening the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, a. the case may be, and the date of reinstatement shall be treated as spent on duty for all purposes and he shall be paid full pay and allowances for that period to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or Suspended prior to such dismissal, removal or compulsory retirement, as the case may be.

 

(4)        The payment of allowances under sub-rule (2) or sub-rule (3) shall be subject to all other conditions under which such allowances are admissible.

 

(5)        Any payment made under this rule to a Government employee on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of dismissal, removal or compulsory retirement and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less than those earned during the employment elsewhere nothing shall be paid to the Government employee.

 

7.3-B (1) When a Government employee who has been suspended is reinstated or would have been so re-instated but for his retirement on superannuation while under suspension the authority competent to order re-instatement shall consider and make a specific order-

 

(a)        regarding the pay and allowance to be paid to the Government employee for the period of suspension ending with re-instatement or the date of his retirement on superannuation, as the case may be; and

 

(b)        whether or not the said period shall be treated as a period spent on duty.

 

 

(2)        Notwithstanding anything contained in rule 7.3 or rule 7.3-A, where a Government employee under Suspension dies before the disciplinary or court proceedings instituted against him, are concluded, the period between the date of suspension and the date of death shall be treated as spent on duty for all purposes and his family shall be paid the full pay and allowances for that period to which he would have been entitled, had he not been suspended, subject to adjustment in respect of subsistence allowance already paid.

 

(3)        Where the authority competent to order re-instatement is of opinion that the suspension was wholly unjustified, the Government employee shall, subject to the provisions of sub-rule (8), be paid the full pay and allowances to which he would have been entitled, had he not been suspended :

           

Provided that where such authority is of opinion that the termination of the proceedings instituted against the Government employee, had been delayed due to reasons directly attributable to the Government employee, it may, after giving him an opportunity to make his representation and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing, that the Government employee shall be paid for the period of such delay only such amount {not being the Whole) of such pay and allowances as it may determine.

 

(4)        In a case falling under sub-rule {3), the period of suspension shall be treated as a period spent on duty for all purposes.

 

(5)        In cases other than those falling under sub-rules (2) and {3), the Government employee shall, subject to the provisions of sub-rules (8) and {9), be paid such amount (not being the whole) of the pay and allowances to which he would have been entitled, had he not been suspended, as the competent authority may determine, after giving notice to the Government employee or the quantum proposed and after considering the representation, if any, submitted by him in that connection within such period as may be specified m the notice.

 

(6)        Where suspension is revoked pending finalisation of the disciplinary or court proceedings, any order passed under sub-rule (1) before the conclusion of the proceedings against the Government employee shall be reviewed on its own motion after the conclusion of the proceedings by the authority mentioned in sub-rule (1) who shall make an order according to the provisions or Sub-rule (3) or sub-rule (5), as the case may be.

 

(7)        In a case falling under sub-rule (5), the period of suspension shall not be treated as a period spent on duty unless the competent authority specifically directs that it shall be so treated for any specified Purpose :

 

Provided that if the Government employee so desires such authority may order that the period of suspension shall be converted into leave of any kind due and admissible to the Government employee.

 

Note-   The order of the competent authority under the preceding proviso shall be absolute and no sanction of the higher authority shall be necessary for the grant of-

 

(a)        extraordinary leave in excess of three months in the case el temporary Government employee; and

 

(b)        leave of any kind in excess of five years in the case of permanent Government employee.

 

(8)        The payment of allowances under sub-rule (2), sub-rule {3) or sub-rule (5) shall be subject to all other conditions under which such allowances are admissible.

 

(9)        The amount determined under the proviso to sub-rule (3) 01 under sub-rule (5) shall not be less than the subsistence allowance and other allowances admissible under rule 7.2.

 

Note-   A suspended Mounted Police Officer on reinstatement, even if such officer is found not guilty of charges preferred against him will not be given conveyance allowance for the period of suspension.

 

Note2 The period spent under medical treatment by a Government employee under suspension, shall be treated as spent under suspension and the subsistence allowance as admissible under the rules shall be given for that period on reinstatement, it shall be specified whether it is to be treated as 'duty' or 'non-duty' with reference to the provisions of this rule, unless the Government employee concerned desires and the competent authority orders that it may be converted into leave of the kind due and admissible to him.

 

Note3  Extra post is not required to be created for grant of full pay and allowances on reinstatement of a suspended employee after his having been fully exonerated.

 

Note 4 Also see note 4 under rule 7.3(8).

 

 

LEAVE TO A GOVERNMENT' EMPLOYEE UNDER SUSPENSION

 

7.4       Leave may not be granted to a Government employee under suspension. See also note 2 tinder rule 7.3.

 

Note1  A Suspension vacancy should be treated as filled by a reservist, if one is available at the time, a Government employee belonging to an establishment containing a leave reserve is placed under suspension. If no reservist is available at the time, an outsider may be appointed but replaced by a reservist as soon as one is available.

 

Note2  In an establishment where provision for leave reserve exists, any vacancy caused on account of suspension of a Government employee should be filled by a 'reservist' and where 'reservist' is not available, the post should be filled by an officiating appointment. It is, however, not necessary to create an extra post.

 

 

FORFEITURE OF SERVICE ON RESIGNATION

 

7.5(1) Resignation from a service or a post, unless it is allowed to be withdrawn in public interest by the appointing authority, entails forfeiture of past service.

 

(2)        A resignation shall not entail forfeiture of past service if it has been submitted to take up, with proper permission, another appointment, whether temporary or permanent, under the Goverl1ment where service qualifies for pension.

 

(3)        Interruption in service in a case falling under sub-rule (2), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be converted by grant of leave of any kind due to the Government employee on the date of relief or by formal condonation to the extent to which the period is not covered by leave due to him.

 

 

(4)        The appointing authority may permit a person to withdraw his resignation in public interest on the following conditions, namely :-

 

(i)         that the resignation was tendered by the Government employee for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request for withdrawal of the resignation has been made as a result of a material change in the circumstances which originally compelled him to tender the resignation ;

 

(ii)                that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper ;

 

(iii)       that the period of absence from duty between the date on which the resignation became effective and the date on which the person ill allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days ;

 

(iv)       that the aforementioned period of ninety days shall be observed in the manner that the employee concerned should put in his application for withdrawal of resignation within two months of being relieved and the same should as far possible be processed within a period of one month; and (v) that the post, which was vacated by the Government employee on the acceptance of his resignation or any other comparable post is available.

 

(5)        Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government employee resigns his service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government.

 

(6)        When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order shall be deemed to include the condonation of interruption in service but the period of interruption shall not count as qualifying service.

 

CHAPTER VIII – Leave

SECTION I – General Conditions And Extent of Application

I.          SERVICE COUNTING FOR LEAVE

8.1       Leave is earned by duty only.  For the purpose of this rule, a period spent in foreign service counts as duty if contribution towards leave salary is paid on account of such period.

Note. - See also note below rule 2.16 (b)

8.2       (a)        If a Government employee, who quits the public service on compensation or invalid pension or gratuity, is re-employed, and if his gratuity is thereupon refunded or his pension is held only in abeyance, his past service thereby becoming pensionable on ultimate retirement, he may, at the discretion of the authority sanctioning the re-employment and to such extend as that authority may decide, count his former service towards leave.

Note. -             Resignation of the public service, even though it is followed immediately by re-employment should entail forfeiture of past service for the purpose of leave under the rules in this chapter and should, therefore, constitute an ‘Interruption of duty’.

(b)        A Government employee who is dismissed or removed from the public service, but is reinstated on appeal or revision, is entitled to count his former service for leave.

Note. -             The re-employment of a person who has retired on a superannuation or retiring pension is generally an exceptional and temporary expedient.  The service of such a re-employed pensioner should, therefore, be regarded as temporary and his leave during the period of re-employment, should be regulated by the rules applicable to temporary Government employees.

II- APPLICATION FOR AND GRANT OF LEAVE

(1)       GENERAL

8.3       Subject to any instructions issued by the Comptroller and Auditor-General of India in order to secure efficiency and uniformity of audit in relation to leave procedure the following rules govern the procedure for making applications for leave and for granting leave in India.

Note. -             The instructions issued by the Comptroller and Auditor-General of India are contained in paragraphs 1 to 5 Part I of Appendix 11 in Part II of this Volume.

(2)        APPLICATION FOR LEAVE.

(a)        To whom to be submitted.

8.4       An application for leave, or for an extension of leave, shall be made to the authority competent to grant such leave or extension.

Note. - Application for leave should be made on form Public C.S.R. No.2.

8.5       A Government employee on foreign service in India should submit all applications for leave, other than earned leave not exceeding 120 days, with the report of the Accountant-General, through his employer, to the authority competent to sanction the leave.

(b)        Procedure in case of leave on medical certificate.

Instructions for Medical Officers

8.6       Medical Officers must not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the Government employee concerned will ever be fit to resume his duties.  In such cases, the opinion that the Government employee is permanently unfit the Government service should be recorded in the medical certificate.

8.7       Every certificate of a medical committee or board or a medical officer recommending the grant of leave to a Government employee must contain a proviso that no recommendation contained in it shall be evidence of a claim to any leave not admissible to the Government employee under the terms of his contract or of the rules to which he is subject.

8.8 – 812.        Omitted.

Medical certificate for Government employees.

8.13     (a)        Every application for leave on medical grounds made by a Government employee shall be accompanied by a medical certificate given by a registered medical practitioner or a Vaid or Hakim or a Homoeopathic Practitioner defining as nearly as possible the nature and probable duration of the illness or by a request for the issue of a requisition for examination by a medical officer of the Government :

            Provided that the authority competent to sanction leave may, at its discretion, waive the condition of producing a medical certificate in the case of a gazetted Government employee if the leave applied for does not exceed three days at a time and such leave shall not be treated as leave on medical certificate and shall be debited against leave due other than the leave on medical grounds.

            (b)        The authority competent to sanction leave may at its discretion, secure a second medical opinion by requesting the Principal Medical Officer or Assistant to the Civil Surgeon to have the applicant examined.  If it decides to do so, it must arrange for the second examination to be made at the earliest possible date after the date on which the first medical opinion was given.

            (c)        The Principal Medical Officer or Assistant to the Civil Surgeon shall express his opinion both as regards the facts of the illness and as regards the necessity for the amount of leave recommended, and for this purpose he may require the applicant for leave to appear either before himself or before a medical officer nominated by him.

Note 1. -          The possession of a certificate as prescribed in this rule does not itself confer upon the Government employee concerned any right to leave.

Note 2. -          The possession of a certificate as prescribed in this rule does not registered under the provisions of the Punjab Medical Registration Act, 1916 and includes a medical practitioner –

(i)         whose name appears in the latest annual medical list ; and

(ii)                who having been registered after the closing of the latest medical list, certifies his registration number.

Note 3. -          The terms Vaid, Hakim or Homoeopathic Practitioner means any practitioner registered under the provisions of the Punjab Ayudvedic and Unani Practitioners Act, 1963 or the Punjab Homoeopathic Practioners Act, 1965.

Note 4. -          The Government employee should obtain a medical certificate in the following form or as nearly in that form as the circumstances may permit :-

                        “Medical Certificate for Government employees recommended for leave, extension or leave or commutation of leave.”

(1)               Name (to be filled in by the applicant in the presence of the registered medical practitioner/ Vaid/ Hakim/ Homoeopathic Practitioner).

(2)               Appointment.

(3)               Age.

(4)               Signature of the applicant.

(5)               Total service.

(6)               Previous period of leave or of absence on medical certificate.

            (Columns 5 and 6 to be filled in by the applicant in the presence of the registered medical practitioner/ Vaid/ Hakim/ Homoeopathic Practitioner).

            I ____________________________, after careful personal examination of the case hereby certify that ____________________ whose signature and particulars are given above, is suffering from ___________________ and I consider that a period of absence from duty of ________________________ with effect from ______________ is absolutely necessary for the restoration of his health

Dated the

Government Medical Attendant OR

Registered Medical Practitioner,

Vaid, Hakim or Homoeopathic

Practitioner.

 

(Second medical opinion if called for by the authority competent to sanction leave).

Principal Medical Officer or

Assistant to Civil Surgeon

 

8.14     In support of an application for leave, or for an extension of leave, on medical certificate, from a Government employee in Class IV Service, the authority competent to grant the leave may accept such certificate as it may deem sufficient.

(3)        GRANT OF LEAVE

(a)        General.

8.15     Leave can not be claimed as of right.  When the exigencies of the public services so require, discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant it.

The nature of leave due and applied for by a Government employee cannot be altered at the option of the sanctioning authority.  Some while it is open to the sanctioning authority to refuse or revoke leave due and applied for under this rule it is not open to him to alter the nature of such leave.

8.16     (1)        The grant of a certificate under rule 8.13 or 8.14 does not in itself confer upon the Government employee concerned any right to leave.  The certificate should be forwarded to the authority competent to grant the leave, and the orders of that authority should be awaited.  A Government employee who absents himself from his duty without permission of the competent authority is liable to have his absence treated as absence from duty without leave.

            (2)        The authority competent to grant leave may, in its discretion waive the production of a medical certificate in case of an application for leave for a period not exceeding three days at a time.  Such leave shall not, however, be treated as leave on medical certificate and shall be debited against leave other than leave on medical grounds.

8.17     In cases where all applications for leave can not, in the interests of the public service, be granted, an authority competent to grant leave should, in deciding which application should be granted, take into account following considerations:

(a)        The Government employees who can, for the time being, best be spared.

(b)        The amount of leave due to the various applicants.

(c)        The amount and character of the service rendered by each applicant since he last returned from leave.

(d)        The fact that any such applicant was compulsorily recalled from his last leave.

(e)        The fact that any such applicant has been refused leave in the public interest.

8.18     When a medical committee or board has reported that there is no reasonable prospect that a particular Government employee will ever be fit to return to duty, leave should not necessarily be refused to such a Government employee.  It may be granted, if due, by a competent authority on the following conditions :-

(a)                If the medical committee or board is unable to say with certainty that the Government employee will never again be fit for service, leave not exceeding twelve months in all may be granted.  Such leave should not be extended without further reference to a medical committee or board.

(b)               If the medical committee or board declares the Government employee to be completely and permanently incapacitated for further service he should, except as provided in clause (c) below, be invalided from the service, either on the expiration of the leave already granted to him, if he is on leave when examined by the committee or board, or, if he is on duty from the date of relief of his duties which should be arranged without delay on receipt of the report of the medical authority.

(c)                A Government employee declared by a Committee or Board to be completely and permanently incapacitated may, in special cases, be granted leave, or an extension of leave, not exceeding six months as debited against the leave account if such leave be due to him.  Special circumstances justifying such treatment may be held to exist when the Government employee’s breakdown in health has been caused in and by Government service, or when he has taken a comparatively small amount of leave during his service or will complete at an early date an additional year’s service for pension.

8.19     Leave shall not be granted to a Government employee whom a competent authority has decided to dismiss, remove or compulsorily retire from Government service.

8.20     Leave should be sanctioned to both Gazetted and Non-Gazetted employees after due verification by the authority maintaining the leave account and a modified sanction for the period of leave can be issued, where necessary.  If a Government employee is on foreign service or is applying for leave out of India, leave should not be sanctioned without obtaining the title to leave from the Account General, Punjab.

Note. - In the case of leave preparatory to retirement or refused leave an undertaking for recovery of leave salary, if any, paid in excess shall be taken from the Government employee.

(b)        Leave beyond the date of retirement.

8.21     (a)        Leave at the credit of a Government employee in his leave account shall lapse on the date of his retirement:

Provided that the Government employee, –

(A)              retiring on superannuation on or

(B)              retiring prematurely, voluntarily or on invalidation or

(C)              retiring compulsorily as a measure of punishment and in whose case out in the amount of pension has not been ordered by the competent authority;

Shall, subject to the provisions of sub rule (c), be entitled to cash payment in lieu of the unutilised leave due as leave preparatory to retirement as under:-

(i)        the cash payment shall be equivalent to leave salary limited to a maximum of 180 days’ earned leave ;

(ii)                the cash payment shall become payable on retirement on superannuation in lump sum as a one-time settlement ;

(iii)               the leave salary for the purpose of this rule shall not include city compensatory allowance or house rent allowance; and

(iv)              no deduction on account of pension, pensionary benefits equivalent of other retirement benefits, and the graded relief on pension shall be made from the cash thus paid:

Provided further that a Government employee, who attained the age of superannuation before the 30th day of September, 1977, and was on extension of service thereafter shall not be entitled to the aforesaid benefits of cash payment for the unauthorised leave due as leave preparatory to retirement:

Provided further that the Government employee who was on leave preparatory to retirement on the 30th day of September, 1977 and was allowed to return to duty by the competent authority on or after that date shall be entitled to the aforesaid benefit of cash payment for the unutilised leave due as leave preparatory to retirement.

“Provided further that a Government employee, who has been prematurely or voluntarily retired or has retired on invalidation, shall be entitled to the aforesaid benefit of cash payment for the unutilised leave due not withstanding that as a result of it the period between date of his retirement as aforesaid and the date on which he would have retired in the normal course on superannuation exceeds the date of retirement on superannuation.”

(aa)            Notwithstanding anything contained in sub rule (a) the authority competent to grant leave may withhold whole or part of cash equivalent of earned leave in the case of Government employee who retires from service on superannuation while under suspension or while disciplinary or criminal proceedings are pending against him if in the opinion of such authority, there is a possibility of some money becoming recoverable from him on conclusion of the proceedings, against him and on conclusion of the proceedings, he will become eligible to the amount so withheld after adjustment of Government dues, if any”

(b)        In the case of a Government employee who is granted extension of service after the date of retirement on superannuation, on or after the 30th day of September, 1977, the benefit of cash payment admissible under sub-rule (a) shall be granted to such Government employee on the expiry of such extension to the extent of earned leave at his credit on the date of retirement on superannuation plus earned leave, earned by him during the period of extension in service, reduced by the earned leave availed of during such period, subject to maximum of 180 days earned leave, due as the leave preparatory to retirement,

(d)               Notwithstanding anything to the contrary contained in sub-rule (a), on or after the 11th day of March, 1981, the cash payment for the unutilised leave preparatory to retirement admissible under the aforesaid sub-rule (a) shall be calculated as under:

Pay admissible on the date of retirement plus dearness allowance admissible on that date

X

Number of days of unutilised earned leave at credit on the date of retirement subject to a maximum of 180 days.

30

 

 

 

(d)        A Government employee remained in service after the date of retirement shall earn leave on full pay, at the rate of 1/12th of duty performed after that date and shall be allowed to add thereto any amount of leave, the benefit of which would have been granted to him under sub-rule (a) had he retired on that date.  The total period of leave which he may take on each occasion shall not exceed 180 days, or the amount of earned leave, due whichever is less.  The Government employee may be granted leave preparatory to retirement upto a maximum of 180 days or earned leave, as the case may be, as follows:-

(i)         the balance, after deducting the amounts of  leave, if any, taken during the period of extension, from the amount of leave, the benefit of which could have been granted to him under sub-rule (a) had he retired on the date of retirement plus.

(ii)                the amount of leave earned under this sub-rule.

Note 1. -          In the case of the person re-employed after retirement the provisions of these rules shall apply as if he had entered Government service for the first time on the date of his re-employment.

Note 2. -          When a Government employee, who is already on an extension of service, applies for leave during the period of his extended service the conditions for the grant of such leave should be the same as for the grant of leave in an ordinary case after the age of retirement.

Note 3. -          A Government employee retained in service after the age of retirement is entitled to earned leave under sub-rule (d) of this rule and a debit balance, if any, on the date he attained that age should be considered as wiped off.

Note 4. -          The period of 180 days mentioned in this rule includes any period of vacation with which leave is combined.

Note 5. -          See also note under clause (d) of rule 3.26.

Note 6. -          A deduction under rule 8.117 on account of vacation enjoyed should also be made in the case of Government employees whose leave is regulated under clause (d) of this rule.

Note 7. -          A deduction under rule 8.117 on account of vacation enjoyed and at the credit of Government employee on the date of his retirement, would be competent to issue an order granting cash equivalent  of such earned leave as also the authority to whom the powers to grant earned leave have been delegated under the relevant delegation orders.

8.22          Omitted.

(4)        AUTHORITIES COMPETENT TO GRANT LEAVE

8.23     Appendix 12 in Part II of this Volume specifies the authorities by whom leave admissible under these rules, other than leave on medical certificate under rule 8.18, leave after the date of compulsory retirement under rule 8.21, special disability leave under rule 8.124 and 8.125, study leave under rule 8.126 and extraordinary leave under rule 8.137 of these rules, may be granted;

“Provided that authorities specified in Appendix 12, in Part II of this Volume may further delegate their powers to grant leave to any authority subordinate to them subject to such conditions and limitations as they may deem fit to impose  Provided further that”.

(a)                the creation of an additional post requiring the sanction of a higher authority; or

(b)               reference to higher authority for a substitute; the sanction of the higher authority competent to create the additional post or to sanction a substitute will be necessary.  Special disability leave and study leave and leave after the date of compulsory retirement can be sanctioned on with the consent of the Department of Finance.

Before leave preparatory to retirement is refused in any case, prior concurrence of the Department of Finance must be obtained.

8.23          Omitted.

III -     COMMENCEMENT AND EXPIRY OF LEAVE AND COMBINATION OF HOLIDAYS WITH LEAVE

(1)              Commencement and expiry of leave.

8.25     Leave ordinarily begins on the day on which transfer of charge is effected and ends on the day preceding that on which charge is resumed.  When joining time is allowed to a Government employee returning from leave out of India, the last day of his leave is the day before the arrival of the vessel in which he returns at her moorings or anchorage in the port of debarkation, or, if he returns by air, the day on which the aircraft in which he returns arrives at its first regular port in India.

(2)              Combination of holidays with leave.

8.26     An authority competent to grant leave may permit Sundays, other recognized holidays or vacation to be prefixed to leave or affixed to leave or to be both prefixed and affixed to leave in the circumstances and on the conditions laid down in rules 8.27 to 8.32.

Provided that prefixing and suffixing Sundays or other holidays to leave, other than leave on medical certificate, shall be allowed automatically except in cases where for administrative reasons, permission for prefixing and suffixing Sundays or other holidays to leave is specifically withheld.  In case of leave on medical certificate if the day on which an employee is certified medically fit for rejoining duties happens to be Sunday or other holiday, he shall automatically be allowed to suffix such a holiday to his medical leave and such day shall not be counted as leave.

Note. -             See also rules 3.23 and 3.24.

8.27.    When the day (or days)  immediately preceding the day on which the leave of a Government employee begins is a holiday (or series of holidays), and competent authority has permitted under rule 3.23, the said Government employee to make over charge (and the Government employee relieving him to receive charge) on the afternoon of the day immediately preceding the holiday or series of holidays, the leave of the Government employee making over charge and any consequent rearrangement of pay and allowances shall, unless the competent authority in any case otherwise, directs, take effect from the first day after the holidays.

8.28     When the day (or days) immediately following the day on which the leave of a Government employee ends is a holiday (or series of holidays), and a competent authority has permitted the said Government employee to receive charge (and the Government employee relieved to make over charge) on the forenoon if the day immediately following the holidays or series of holidays, the leave if the Government employee receiving charge, is, unless the competent authority in any case otherwise directs, treated as having terminated on, and any consequent re-arrangement of pay and allowances takes effect from the day on which the leave would have ended if holidays had not been affixed.

Note 1. -          When a competent authority directs otherwise than as in this rule, it should convey the orders in the following form.  “It is directed under Rule 8.28 that __________________ be treated as having terminated on ____________ and leave and the consequent re-arrangement of pay and allowances takes effect from the same date.

 

Note 2. -          The fundamental principle is that two Government employees can not be on duty in the same post.  Under rule 8.27/8.28 a competent authority can not accordingly direct that both the relieving and the relieved Government employees shall be considered as on duty in the same post during the period of holidays.  A competent authority can under the rule direct that the leave of the Government employee                       preceding on/returning from leave and the consequent arrangement of pay and allowance shall take effect from the first day after/before the  holidays  or  from  some  day  during  the holidays.     If   a   holiday  comes   at    the beginning/end of   leave the Government employee               going on/ Returning from  leave can be allowed under rule 827/828 during that holiday, where ordinarily no work is required of him to to          go/remain off and count the holiday as duty, as if would have counted had he not been going on leave/ returning to duty before holidays. The Government employee going on/Returning from leave. Does not then make over till the holiday is over.  If a competent authority then takes over before the holiday commences decided that in the circumstances of the case some one must be on the spot in charge than either (1) the Government employee going on/ Returning from  leave remain the relieving Government employee  must        ----------------- during the holiday or  (2) ------------------------------------return the Government employee to be relived  be appointed to must  the charge during the whole or part of the  holidays according    to    the orders    and    he   must   do  the work  without  drawing  the outgoing/ incoming pay of the post, the  man being  allowed   to  be  away  from  the station though being treated as on duty during the whole or part of the holidays.

8.29     In the case of Government employees serving in vacation Departments, vacations may be prefixed or affixed to leave, or both prefixed and affixed or allowed to intervene between two periods of leave subject to the conditions mentioned in rules 3.23, 3.24, 8.27, 8.28, and 8.117(c).  The previous approval of the Department of Finance should be obtained in cases where combination of vacation with leave involves extra expense to Government.

Note. -             Recognised holidays intervening between leave and vacation or vice versa should, be treated as part of the vacation and such holidays should be taken into account for the purpose of calculating the maximum amount of earned leave admissible to a Government employee at any one time.

8.30     When a Government employee is permitted to prefix vacation to leave; he will report before leaving headquarters or if for urgent reasons, the leave is granted is granted during vacation as soon as it is granted, that he makes over charge with effect from the end of the vacation, and the relieving Government employee will then take over charge, and the leave and any consequent re-arrangement of pay will have effect from the end of the vacation.

8.31     When a Government employee is permitted to affix vacation to leave the Government employee to be relieved will make over charge before the vacation, and any consequent re-arrangement of pay will have effect from the beginning of the vacation.

8.32     In the case of District and Sessions Judges, vacations will be treated as recognised holidays and may be prefixed or affixed to leave or both prefixed and affixed or allowed to intervene between two periods of leave subject to the conditions mentioned in Rules 8.23, 8.27 and 8.28 above and provided further that –

(i)         no additional expense is incurred by the State for the period of the vacation.

(ii)                vacation shall be reckoned as leave in calculating the maximum amount of “earned leave” which may be included in the particular period of leave.

Exception : As it is not possible to say at the time of sanctioning leave that condition (I) will necessarily be satisfied, any permission to combine leave with vacation is subject to withdrawal in the event of a Government employee being required to carry out the duties of the post during vacation.  In such cases either the Government employee will be recalled or, if this is impracticable owing to his absence from India or for any other reason, a substitute, will be appointed.  In the latter case, the portion of the Government employees vacation during which the substitute discharges the duties of the post will be treated as leave.

8.33     (1)        Where the application of the above rules as to prefixing and affixing holidays to leave or joining time is doubtful, or inequitable, a competent authority will decide which Government employee shall be held to have been incharge, and to which the pay of the post for the holiday or holidays shall be paid.

(2)        Unless the authority competent to grant leave in any case, otherwise directs, -

(a)                if holidays are prefixed to leave, the leave and any consequent re-arrangement of pay and allowances takes effect from the day after the holidays; and

(b)               if holidays are suffixed to leave, the leave is treated as having terminated and any consequent re-arrangement of pay and allowances take effect from the day on which the leave would have ended, if holidays had not been suffixed.

IV -     DEPARTMENT ON LEAVE

 

8.34     Every Government employee proceeding on leave out of India should procure from the Accountant-General and take with him a copy of the “memorandum of information issued for the guidance of Government employees proceeding on leave out of India” (From Punjab C.S.R. No.3).  If the leave has been granted on a medical certificate, he must take a copy of the medical statement of his case also.

8.35     A Government employee taking leave out of India must report his embarkation, through the Accountant-General, to the authority which granted his leave in form Punjab C.S.R. No.4.

8.36     Every Government employee proceeding on leave must record on his application for leave, the address at which letters will find him during leave.  Subsequently changes in address during leave, if any, should likewise be intimated to the head of the office or the head of department, as the case may be.

8.37     If, in a case not covered by Rule 8.19, an authority competent to remove a Government employee from service decides, before such Government employee departs from India on leave, that he will not be permitted to return to duty in India, it must inform him to that effect before he leaves India.

8.38     If, when a Government employee is about to depart from India, it is necessary to consider the propriety of removing him for incapacity, whether mental or physical, which is of such a nature that it is impossible to decide before he leaves India, whether it will be permanent or temporary; or if for any reason it is considered inexpedient that a Government employee on leave should return to India, a full report of the circumstances must be made by the department of the Government concerned to the High Commissioner for India to enable him to take any necessary measures before the Government employee, would, in the ordinary course, be permitted to return to duty.  The report should in any case reach the India Office at least three months before the end of the Government employee’s leave.

8.39     When leave on medical certificate has been granted to a Government employee, or in the case of a military officer in civil employ, when the grant of such leave has appeared in order, and the Government employee or military officer proposes to spend his leave in Europe.  North Africa, America or the West Indies, the department of the Government must, without delay, forward a copy of the medical statement of the case to the High Commissioner for India.

8.40     When a Government employee who has been granted leave for reasons of health, proceeds to any of the localities named in Rule 8.39, the authority which granted the leave shall inform the High Commissioner for India, whether a certificate of fitness is required under Rule 8.44.

 

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