26th October 2018 From India, Mumbai
If leave is rejected informing the officer's delay in submission does the officer have any room to confront or challenge legally.
On what Rule of CCS can we reject such leave to make it unauthorized absence.
26th October 2018 From India, Shillong
7. Right to leave
(1) Leave cannot be claimed as of right.
(2) When the exigencies of public service so require, leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Government servant.
Using these powers the leave requested could be refused. once leave is refused, the absence becomes unauthorised.
The aggrieved employee could take up his grievance but it could be effectively replied stating the habit of not timely applying for leave and relying on Rule 7. The legal position is very clear that leave cannot be claimed as a matter of right and exigencies of service is the prime consideration in granting/non-grant of leave. Habitual abrupt absence and non-submission of application even after reminder amounts to dereliction of duty and insubordination
27th October 2018 From India, Mumbai
28th October 2018 From India, Kochi