Declaring a period of absence as 'dies non' is a punitive order that cannot be passed without conducting departmental proceedings and providing the employee an opportunity of hearing.

Order On Board

1. This petition has been filed by the petitioner calling in question the order dated 23.10.2018 (Annexure P/1) declaring the period of absence of the petitioner from 06.12.2013 to 11.08.2015 as dies non.

2. Mr. Yashkarn Singh, learned counsel for the petitioner, would submit that vide order dated 23.10.2018 (Annexure P/1) declaring the period of absence of the petitioner from 06.12.2013 to 11.08.2015 as dies non is unsustainable and bad in law as the same was passed without affording an opportunity of hearing to him, therefore, the same is liable to be set aside.

3. Mr. H.A.P.S. Bhatia, learned State counsel, would oppose the submission raised by learned counsel for the petitioner and support the impugned order.

4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records with utmost circumspection.

5. Rule 7 of the Chhattisgarh Civil Services (Conduct) Rules, 1965, provides that no Government servant shall proceed on leave before it has been sanctioned provided that in a case of emergency the authority competent to sanction leave may for reasons to be recorded in writing accord ex post facto sanction for leave already availed of.

6. Rules 22 and 24 of the Chhattisgarh Civil Services (Leave) Rules, 1977, which speak about recall to duty before expiry of leave and absence after expiry of leave, provide as under :-

“22. Recall to duty before expiry of leave.-

Government servant while on leave if recalled to duty before expiry of the leave, he shall be entitled :-(a) If the leave from which he is recalled is in India, to be treated as on duty from the date on which he starts for the station to which he is ordered, and to draw:-

(i) travelling allowances under rules made in this behalf for the journey; and

(ii) leave salary, until he joins his post, at the same rate at which he would have drawn it but for recall to duty.

(b) If the leave from which he is recalled is out of India, to count the time spent on the voyage to India as duty for purposes of calculating leave, and to receive-

(i) leave salary, during the voyage to India and for the period from the date of landing in India to the date of joining his post, at the same rate at which he would have drawn it but for recall to duty;

(ii) a free passage to India;

(iii) refund of his passage from India if he has not completed half the period of his leave by the date of leaving for India on recall, or three months, whichever is shorter;

(iv) travelling allowance, under the rules for the time being in force, for travel from the place of landing in India to the place of duty.

24. Absence after expiry of leave.-

(1)Unless the authority competent to grant leave extends the leave, Government servant who remains absent after the end of leave is entitled to no leave salary for the period of such absence and that period shall be debited against his leave account as though it were half pay leave to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.(2) Willful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action.”

7. In the matter of Ali Hussain Asgar Ali v. State of M.P. and another ¹1984 JLJ 67, the M.P. High Court while dealing with Rule24 of the Madhya Pradesh Leave Rules, 1977, held as under: -

“It is clear that sub-rule (1) provides that when a Government servant remains absent after expiry of leave he is entitled to no leave salary but it has been further provided that su