Tuesday, July 12, 2011

Un-authorised absence of Government servants, Instructions regarding Quick Disposal of enquiry cases.

Circular No. DPAR 30 SSR 79, dated 17th April 1979

Sub:- Un-authorised absence of Government servants, Instructions regarding Quick Disposal of enquiry cases.

It was come to the notice of Government that in several cases in which Government servants have remained absent unauthorisedly, either no action has been taken against them or in some cases where action has been initiated, it is done after a lapse of considerable time. Unless timely, steps are taken in such cases effective disciplinary action cannot be taken against the erring officials and the posts held by these absentees remain vacant causing considerable dislocation of work as it would not be possible to post substitutes in their places.
A Government servant does not cease to be a member of the services to which he is appointed or sever connections with the post held by him by reason of his un-authorised absence unless action is taken aganist him by the appointing authority / competent disciplinary authority under KCS (Classification, Control and Appeal) Rules 1957 and he is removed or dismissed from service after conducting an inquiry in accordance with rules 11 and 11A of these rules.
Normally it should not take much time to hold an inquiry and finalise action in accoradance with rule 11 and rule 11A of the KCS (Classification, Control and Appeal) Rules. If the Government servant refused to receive notices / orders of the competent authority, the procedure laid down under rule 28-A of the KCS (Classification, Control and Appeal) Rules could be followed conveniently and if necessary, and ex-parte inquiry held aganist him and final orders passed removing or dismissing him from service if the charge of un-authorised absence is established.
The Secretaries to Government and Heads of Departments are requested to take necessary action in the matter and bring these instructions to the pointed notice of appointing authorities / disciplinary authorities under their control, and see that delays in instituting / finalising inquiries in such cases are avoided. Any delay in taking action in such cases would be viewed seriously and the concerned officer who has failed to take action or delayed taking action will be held personally responsible and disciplinary action would have to be initiated against him for the lapse.

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