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Rule 17 - Leave Denial | KartavyaDesk

CCS Leave

Original Rule Text

17. Leave not to be granted in certain circumstances Leave shall not be granted to a Government servant whom a competent punishing authority has decided to dismiss, remove or compulsorily retire from Government service.

What This Means

Rule 17 of the CCS (Leave) Rules, 1972, is pretty straightforward. It basically says that if a higher authority has already decided to dismiss, remove, or compulsorily retire you from your government job as a punishment, you can't be granted any leave. Think of it as a finality clause – once the decision to terminate your service is made, you can't use leave to delay or avoid the consequences.

This rule applies specifically to government servants against whom disciplinary action has been taken and a decision to dismiss, remove, or compulsorily retire them has been finalized by the competent authority. It prevents individuals facing such severe penalties from using leave as a loophole to extend their service or potentially complicate the disciplinary process. It ensures that the disciplinary action can be carried out without unnecessary delays caused by leave requests.

In essence, Rule 17 is about maintaining the integrity of the disciplinary process and ensuring that decisions made by competent authorities are implemented effectively. It prevents misuse of leave provisions in situations where the termination of service is already decided upon.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •Leave is denied if dismissal, removal, or compulsory retirement is decided.
  • •Applies only after a competent authority has made the decision.
  • •Prevents delaying or avoiding disciplinary action through leave.
  • •Ensures the integrity of the disciplinary process.
  • •Specifically targets government servants facing severe penalties.

Practical Example

Mr. Sharma, a Section Officer in the Ministry of Finance, was found guilty of accepting a bribe of ₹50,000. After a thorough inquiry, the Disciplinary Authority decided to compulsorily retire him from service. Before the order could be formally issued, Mr. Sharma applied for 60 days of earned leave, citing personal reasons. However, based on Rule 17 of the CCS (Leave) Rules, 1972, his leave application was rejected. The authority cited that since a decision to compulsorily retire him had already been made, granting him leave would be against the rules. The compulsory retirement order was then promptly issued.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

Does Rule 17 apply if the disciplinary proceedings are still ongoing?▼
No, Rule 17 only applies after the competent authority has made a final decision to dismiss, remove, or compulsorily retire the government servant.
What happens if the leave was already sanctioned before the decision to dismiss/remove/retire?▼
If the leave was sanctioned *before* the decision, the situation might be more complex and require consultation with the relevant authorities. Generally, the sanctioning authority would likely review the leave and potentially cancel it, depending on the specific circumstances and the stage of the disciplinary proceedings.
Can a government servant appeal the decision to deny leave under Rule 17?▼
The denial of leave under Rule 17 is a consequence of the disciplinary action. The appeal would be against the disciplinary action itself (dismissal, removal, or compulsory retirement), not directly against the denial of leave.
Does this rule apply to all types of leave?▼
Yes, Rule 17 applies to all types of leave, including earned leave, half-pay leave, and commuted leave.
What constitutes a 'competent punishing authority'?▼
A 'competent punishing authority' is the authority designated under the relevant service rules to impose penalties such as dismissal, removal, or compulsory retirement. This varies depending on the employee's grade and the specific department.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

Under which of the following circumstances shall leave NOT be granted to a Government servant according to Rule 17 of the CCS (Leave) Rules, 1972?

Related Rules

Rule 27CCS (Leave) Rules, 1972 - Rule 27 - Chapter IVRule 28CCS (Leave) Rules, 1972 - Rule 28 - Chapter IVRule 30CCS (Leave) Rules, 1972 - Rule 30 - Chapter IVRule 32CCS (Leave) Rules, 1972 - Rule 32 - Chapter IVRule 35CCS (Leave) Rules, 1972 - Rule 35 - Chapter IV

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