Section 25 in West Bengal Municipal (Employees' Service) Rules, 2010
25. Maximum period of continuous absence from duty
. (1) Unless the Board of Councillors of a Local Body, in view of the exceptional circumstances of the case, otherwise determines subject to approval of the Government, no employee shall be granted leave of any kind for continuous period of absence exceeding three years.(2)Unless the authority competent to grant leave extends the leave, an employee who remains absent even after the expiry of leave preViously granted is not entitled to any leave salary for the period of such absence and that period shall be debited against his leave account as extra-ordinary leave.(3)Wilful absence from duty after expiry of the leave renders an employee liable to disciplinary action.Note 1 : Treatment of wilful absence from duty. Wilful absence from duty, though riot covered by leave, does not entail loss of lien. The period of absence not covered by grant of leave shall have to be treated as "dies non" for all-purpose, viz., leave, increment and pension. Such absence without leave where it stands singly and not in continuation of any authorised leave of absence will constitute an interruption of service for the purpose of pension and unless the Appointing Authority exercises his power to treat the period as leave without pay, the entire past services stands forfeited.Note 2 : Action tor unauthorized absence from duty or/nor overstay of leave. (i) When an employee applies tor leave beyond the prescribed limit of extraordinary leave and the leave sanctioning authority is not satisfied with the genuineness of the grounds on which further leave has been asked for, nor does it consider the ground as exceptional, the leave cannot be granted. In such a case the employee shall be asked to rejoin duty within a specified date, failing which he would render himself liable to disciplinary action. Disobedience of orders to rejoin duty within the specified period would afford good and sufficient reasons for initiating disciplinary action. If he rejoins duty by the stipulated date he may be taken back in service and the period of absence not covered by leave would be treated as overstay, anu suer, overstay shall be regularized in accordance with the provisions of this rule.If the employee does not join duty by the stipulated date, it would be open to the disciplinary authority to institute, disciplinary action against him. If during the course of disciplinary proceedings he comes for rejoining duty he shall be allowed to do so without prejudice to the disciplinary action already initiated against him (unless he is placed under suspension), and disciplinary action shall be conclude as quickly as possible. The question of regularization of the period of overstay of leave shall be left over for consideration till the finalisation of the disciplinary proceedings.(ii)If an employee absents himself abruptly, or applies for leave which is refused in the exigencies of municipal service and shall happen to absent himself from duty, he shall be informed about the consequences, viz. that the entire period of his absence shall be treated as unauthorised absence entailing loss of pay for the period in question which shall he resulting to discharge from his service after completion of the period prescribed in sub-rule (1) of this rule. If however, he report for duty before or after initiation of disciplinary proceedings, he may be taken back for duty because he was not placed under suspension. The disciplinary action may be concluded and the period of absence treated as unauthorized absence resulting in loss of pay and allowances and such service shall not be counted within the service qualifying for Pension, Gratuity etc.(iii)An employee, who remains absent without proper permission, shall be proceeded against immediately, and such disciplinary action shall not be put off till the absence exceeds the limit prescribed under sub-rule (1) of this rule for the employees considering the mounds adduced by the employee for his unauthorised absence before initiating the disciplinary proceedings. If the disciplinary authority is satisfied that the grounds adduced for unauthorized absence are justified, the leave of the kind applied for and due may be granted to him.
