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Rule 39 - Leave Encashment & Suspension | KartavyaDesk

CCS Leave

Original Rule Text

(3) The authority competent to grant leave may withhold whole or part of cash equivalent of earned leave in the case of a Government servant who retires from service on attaining the age of retirement while under suspension or while disciplinary or criminal proceedings are pending against him, if in the view of such authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him on conclusion of the proceedings, he will become eligible to the amount so withheld after adjustment of Government dues, if any. (DOPT Notification No. 14028/6/81 -Estt. (L), dated 17.10.1983)

What This Means

Rule 39 of the CCS (Leave) Rules, 1972, deals with the encashment of earned leave when a government employee is retiring. Specifically, it addresses situations where the employee is under suspension or facing disciplinary/criminal proceedings at the time of retirement. In such cases, the authority responsible for granting leave has the power to withhold all or part of the cash equivalent of the earned leave.

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

Key Points

  • •Applies to retiring government servants under suspension or facing disciplinary/criminal proceedings.
  • •The leave granting authority can withhold the cash equivalent of earned leave.
  • •Withholding is based on the possibility of recovering money from the employee after the proceedings conclude.
  • •The withheld amount is released after adjusting any government dues, if the proceedings conclude in a way that money is owed.
  • •DOPT Notification No. 14028/6/81 -Estt. (L), dated 17.10.1983, provides the legal basis for this rule.

Practical Example

Mr. Verma, a Section Officer, is retiring at the age of 60. However, he is currently under suspension due to allegations of misappropriation of funds. At the time of his retirement, he has 300 days of earned leave to his credit. The leave sanctioning authority, after reviewing the ongoing inquiry, believes that there's a strong possibility that Mr. Verma will be found guilty and a significant amount (say, ₹50,000) will be recoverable from him. Therefore, the authority decides to withhold ₹100,000 from the cash equivalent of his earned leave. If, after the inquiry, it's determined that Mr. Verma owes the government ₹40,000, that amount will be deducted from the withheld ₹100,000, and the remaining ₹60,000 will be released to him.

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

Frequently Asked Questions

What happens to the withheld amount if the proceedings clear the employee?▼
If the disciplinary or criminal proceedings conclude and the government servant is exonerated or no money is recoverable, the entire withheld amount will be released to the employee.
Can the entire cash equivalent of earned leave be withheld?▼
Yes, the authority can withhold the whole amount if they believe that the potential recovery from the employee could exceed the cash equivalent of the earned leave.
Does this rule apply to voluntary retirement?▼
This rule specifically mentions retirement on attaining the age of retirement. The applicability to voluntary retirement would depend on the specific circumstances and other relevant rules.
What if the government servant dies while the proceedings are still pending?▼
The treatment of the withheld amount in case of death would be governed by separate rules and regulations related to death benefits and pending dues.
Is there a time limit for completing the proceedings after retirement?▼
While there isn't a specific time limit mentioned in Rule 39, the proceedings should be conducted expeditiously to ensure timely settlement of the employee's dues.

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

According to Rule 39 of the CCS (Leave) Rules, 1972, under what circumstances can the authority competent to grant leave withhold the cash equivalent of earned leave of a retiring government servant?

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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