Absent from Duty | Absent without Leave | Disciplinary Consequences
Absence from Duty
As the word ‘absence from duty’ itself speaks that anyone who makes himself absent to report on duty.
It is voluntary but not beyond individual's control.
What is absence from duty ?
Every Organization has own conduct rules for their employees. Every employee has to report to his place of working or office at the scheduled time.
If any employee fails to report at the scheduled time, superior officer may show the employee absent from duty.
With regard to Government Employment, Central Government as well as State Government or Public Section Undertakings have their own leave policy and conduct rules to deal with unauthorized absence.
Ingredients of absence from duty
The following are the essential ingredients:-
(a) Absent from duty
(b) Without prior permission or intimation to superior.
(c) Without reasonable grounds
(d) With approval of leave application by competent authority.
Effect of unauthorized absence
If an employee has not taken prior permission from competent authority before absence. Disciplinary Authority will consider it unauthorized absence.
The effect of unauthorized absence is an invitation of disciplinary proceedings.
Action by Disciplinary Authority
Disciplinary Authority will initiate the following actions when any employee becomes absent without proper permission.
(a) Issue of charge sheet
(b) Ordering Departmental Inquiry
(c) Passing Penalty Order
Regularization of Absence by Leave
If Disciplinary Authority feels that the absence was genuine with reasonable grounds, the disciplinary authority can regularized absence as leave with pay or without pay as deemed fit.
Legal Aspects on Absent from Duty
The following legal aspects are settled by various courts on absent without leave and its consequences.
(a) Enquiry and Notice is necessary before taking any action against employee.
(b) No termination order can be passed without holding proper enquiry of the misconduct.
(c) Every statutory provision to be complied with whichever is applicable.
(d) There is no automatic abandonment of service by employee. Disciplinary authority should pass termination order only after holding proper enquiry.
(f) Compliance of Principle of Natural Justice.
(g) If there is not statutory provision or standing order to proceed further then role of principle of natural justice comes to play.
(h) If the absence is genuine with reasonable grounds, Disciplinary Authority must consider before passing any order.
(i) If competent authority is planning to initiate termination of temporary employee on account of misconduct, enquiry is necessary.
Frequently Asked Questions
Theses are following few questions which are related to absent from duty and its consequences.
What should an individual do, if leave sanctioning authority refused to grant leave?
Individual should approach to higher competent authority for grant of leave but should not become absent.
What action will administrative authority take in case of absence ?
Simply they will show absent and may initiate disciplinary proceedings.
What should somebody do, if his absence is genuine ?
He should submit the sufficient proof in this regard.
Can somebody present sufficient proof before inquiry officer ?
Yes, employee can present all evidence justifying his absence before Inquiry Officer.
Can disciplinary authority terminate employee under probation due to absence ?
No, if employee has informed the reasonable grounds timely.
Whether Inquiry is necessary before termination ?
Yes, Inquiry proceedings is necessary before termination, if employee is permanent.
What action employee should take, if disciplinary authority passed suspension order for absence?
Individual should approach to service matter lawyers for filing of petition for quashing suspension order on minor issues.
Can an employee approach directly to High Court for terminating services on account of absence ?
No, the employee should approach appropriate forum like CAT, State Service Tribunal, AFT as applicable, if the absence was genuine.