Unauthorized Absence
Understanding Unauthorized Absence
Key Rules, Consequences, and Employee Right
Unauthorized absence in government jobs can result in penalties, salary loss, and disciplinary actions. This guide breaks down the rules, consequences, and employee rights regarding unauthorized leave. Learn about policies like “Dies Non,” the effects on job benefits, and how unauthorized absences can lead to resignations or termination. Understand the steps to take, legal implications, and how to protect your rights if faced with unauthorized absence issues in government service.
Unauthorized absence refers to an employee’s failure to attend duties without obtaining prior permission from the competent authority for leave approval.
• According to F.R.67, leave is not a right for government employees. This implies that employees must seek permission from the authorized competent authority before proceeding on leave.
• Leave is defined as the permission granted by the competent authority to an employee to be absent from duty. If the employee does not obtain this permission or sanction, their absence will be classified as unauthorized absence
1. What is “Dies non”?
• “Dies non” is a Latin term meaning “no work, no pay.” It refers to the period of time during which an employee remains absent without proper authorization.
• This concept applies when an employee is willfully absent from duty without proper sanction of leave. Although the employee is not paid for this period, it does not count as a break in service.
• Even though the absence is not treated as a break in service, the period will not count for purposes such as:
o Increment: Salary increments will not be granted for the period of unauthorized absence.
o Pension: The unauthorized absence will not be included in the total service period for calculating pension.
o Leave accrual: The employee does not earn any leave for the period of unauthorized absence.
2. When is “Dies non” applicable?
• When an employee fails to get prior approval or permission from the competent authority for their leave, their absence is categorized as unauthorized.
• F.R. 18 explicitly states that if an employee willfully absents themselves from duty without regular leave, this period will be treated as “Dies non.”
3. Disciplinary Action Along with “Dies non”:
• In addition to treating the unauthorized absence as “Dies non,” the government may also take disciplinary action against the employee.
• his action is governed by the A.P. Civil Services (Conduct, Control, and Appeal) Rules, 1991 (A.P.C.S CC&A Rules, 1991).
o Rule 5A of A.P.C.S (CC&A) Rules, 1991 allows for taking disciplinary measures for wilful absence from duty.
o Such action may involve warnings, suspension, or other penalties depending on the gravity of the offense.
Unauthorized Absence Explained: Rules and What Happens Next
According to Government Circular Memo No. C-9101/4/F.R.-I F&P Department dated 25-12-1991, if an employee who has been absent without authorization or has wilfully remained absent submits a joining report before the disciplinary proceedings are finalized, they should be allowed to rejoin duty. Following this, the necessary disciplinary action may be initiated or continued against them for their unauthorized absence.
According to Fundamental Rule (F.R.) 18-A, a government servant shall be deemed to have resigned from their post if they meet any of the following conditions:
1. Unauthorized Absence Exceeding One Year: If the employee is absent from their duties without authorization for a period exceeding one year.
2. Continuous Absence for More Than Five Years: If the employee remains absent from their duties for a continuous period exceeding five years, whether with or without leave.
3. Prolonged Foreign Service (Deputation): If the employee continues on foreign service (deputation) beyond the period approved by the State Government.
As per G.O. Ms. No. 8, Finance Department, dated 08-01-2004, and G.O. Ms. No. 129, Finance (FR) Department, dated 01-06-2007, before removing an employee for unauthorized absence exceeding one year, or continuation on foreign service beyond the permitted time, the following procedural safeguards must be followed:
1. The employee must be given a reasonable opportunity to explain the reasons for their absence or continued deputation.
2. The explanation provided by the employee must be considered before any further action is taken.
Furthermore, an amendment issued in G.O. Ms. No. 127, G.A. (Ser.C) Department, dated 15-09-2017 to the Andhra Pradesh Civil Services (Conduct, Control & Appeal) Rules, 1991, reinforces this procedure by mandating that:
The Impact of Unauthorized Absence Rules and Disciplinary Actions for Employees
• A show cause notice must be issued to the employee.
• The employee should be given the opportunity to explain their reasons for unauthorized absence of more than one year or for continuing on foreign service beyond the permitted period (or over five years).
• The reply from the employee must be duly considered before invoking the provisions for removal from service.
According to Para 4 of Government Circular Memo No. C-9101-4/8/FRI/91, F&P (FW.FRI) Department, dated 25-12-1991, in cases where an employee has unauthorizedly absented themselves and their present address is unknown, the following procedure should be followed:
1. Sending Charges to Last Known Address: The article of charges framed against the employee must be sent via registered post with acknowledgment due to the last known address of the employee.
2. Action if Letters are Unserved: If the postal authorities return these letters as unserved, the department must:
o Publish the fact of framing charges and the appointment of an Enquiry Officer in the matter in the A.P. Gazette.
o Proceed with the enquiry ex parte (in the employee’s absence) to take necessary action against them.
3. Rejoining Duty Without Prejudice: Even if the employee reports back to duty after being absent, they should be permitted to rejoin duty. However, this is done without prejudice to the disciplinary action that is either being contemplated or is already pending against the employee.
According to Para 5 of Government Circular Memo No. 9101-4/8/F.R.4/91, F&P (FW.FRI) Department, dated 25-12-1991, and the note under Rule 6-A of A.P. Leave Rules, 1933, read with the proviso to F.R. 73, the following procedure applies to temporary government employees who remain absent unauthorizedly:
1. Discharge Due to Unauthorized Absence: A temporary governmVoluent servant employed under emergency provisions, who remains absent from duty after applying for leave or an extension of leave to which they are not entitled under the rules, will be deemed to have been discharged from service from the date they were no longer entitled to leave.
2. No Entitlement to Leave: The employee is not entitled to any leave unless the leave requested is granted through the relaxation of relevant rules.
3. Immediate Discharge for Unauthorized Absence: If a temporary employee absents themselves unauthorized or without sufficient justification, immediate action should be taken to discharge them from service by invoking this rule.
4. Issuing an Innocuous Order: The discharge must be processed by issuing an innocuous order, clearly indicating the provisions under which the employee is being discharged.
Unauthorized Absence to Resignation: Understanding the Process and Implications
According to Government Circular Memo No. C-9101-4/8/F.R.-I/91, F&P (FW F.R.-I) Department, dated 25-12-1991, regarding unauthorized absentees and requests for resignation, the following guidelines apply:
Unauthorized Absentees: Request for Resignation
1. Overview of Resignation Rules
• The resignation process for members of the A.P. State and Subordinate Services is explicitly outlined under Rule 30 of the A.P. State and Subordinate Services Rules, 1996.
• This rule defines the terms and conditions under which a member may resign, including the need for acceptance by the appointing authority and stipulating the effective date of resignation.
2. Consequences of Resignation
• According to General Rule 30 (c), an employee who resigns is deemed to forfeit all previous service. This forfeiture implies that:
o The period of unauthorized absence from duty is rendered inconsequential in terms of service continuity.
o An employee’s resignation is effective despite any unauthorized leave taken prior to the resignation.
3. Acceptance of Resignation
• When an employee has been unauthorizedly absent from duty, the acceptance of their resignation does not require the appointing authority to first ascertain the duration or implications of the unauthorized absence.
• This principle is supported by the Govt. Circular Memo. No. C-9101-4/8/F.R.-I/91, dated 25-12-1991, which clarifies that the unauthorized absence does not hinder the resignation process.
4. Provisions for Resignation Under Suspension
• A key aspect of the resignation rules is that if a member of service is placed under suspension in accordance with Rule 8 of the A.P.C.S. (CC&A) Rules, 1991:
o Their resignation will not be accepted during the period of suspension. This ensures that disciplinary proceedings can be adequately addressed before any resignation can be processed.
5. Implications for Employees
• Employees contemplating resignation while unauthorizedly absent should be aware that:
o Their previous service will be forfeited upon resignation, regardless of the duration of their absence.
o Any disciplinary actions or inquiries related to their absence or conduct may proceed independently of their resignation status.
According to Government Circular Memo No. C-9101/4/8/F.R.-I/91, F&P (FW F.R.-I) Department, dated 25-12-1991, regarding unauthorized absence and requests for voluntary retirement, the following guidelines apply:
1. Acceptance of Voluntary Retirement
• An employee can submit a request for voluntary retirement, and this request can be accepted even if there is an ongoing process to determine their period of unauthorized absence.
• This means that the administrative process for accepting voluntary retirement is independent of any pending investigations into unauthorized leave.
2. Disciplinary Action Consideration
• If there are indications that disciplinary action may be taken against the employee due to their unauthorized absence, it is advisable to frame formal charges before the employee retires.
• Framing charges before retirement is important because it ensures that the employee is held accountable for any misconduct that occurred during their service, allowing for proper proceedings under the applicable rules.
3. No Need to Await Determination
• The acceptance of the voluntary retirement notice does not need to be delayed until the unauthorized absence has been resolved, provided that:
o The employee has completed the necessary qualifying service, which is typically 20 years for certain categories and 33 years for others.
• This provision allows for a smoother transition for employees seeking to retire voluntarily without being bogged down by pending investigations.
4. Post-Retirement Proceedings
• Even after the employee has retired voluntarily, disciplinary proceedings can still be initiated against them if necessary.
• This is allowed under the sanction of the government, ensuring that any serious issues related to the employee’s conduct can be addressed even after they have left service.
• This provision is vital for maintaining integrity within the service, as it prevents employees from escaping accountability simply by resigning or retiring.