867. Casual leave and leave during gazetted holidays.
- The following rules regarding casual leave or leave of absence during gazetted holidays and vacations are applicable to all officers of the Department:-(1)The Director is the authority competent to grant casual leave, or leave of absence during gazetted holidays or vacations, to all officers immediately subordinate to him, i.e., Additional Director of Public Instruction, Joint Director of Education (Training), Deputy Directors of Education, Assistant Directors of Education, Budget Officer, Regional Deputy Directors of Education, Deputy Directress of Education (Girls), Inspectress of Schools, Bihar, Director of Mithila Institute, Darbhanga, Director of Rashtra Bhasha Parishad, Director of the Institute of Post-Graduate Studies in Arabic and Persian, Director, Nava Nalanda Mahavihar, Nalanda, Director of A.N. Sinha Institute, Patna, Director of Vaishali Institute, Muzaffarpur, Director, Research Institute of Prakrit, Jainology and Ahimsa, 'Director, Text Book Research Bureau, Superintendent of Libraries, Bihar, Superintendent, Hazaribagh Reformatory School, Principal of Professional Colleges and that of the Madrasa Islamia Shamsul Huda, Principal, Patna School of Arts, Principal, Rural Institute, Birauli, Secretaries, Basic Education Board, Educational Literature Officer, Text-Book and Education Literature Committee, the Education Publication Officer, Principal, Netarhat Residential School, Principal, Government College of Health and Physical Education, Assistant Directors of Education (Sanskrit) and (Islamic), Registrar of Examinations, Secretary, Board of Secondary Education, Personal Assistant to the Director of Public Instruction, Lady School Medical Officer (subject to report to the Director of Health (Services), Superintendent, State After-Care Home.(2)The officers mentioned in rule (1) are competent to grant casual leave or leave of absence during gazetted or duly authorised holidays or vacations to all officers subordinate to them. This power, however, is exercised by the President of the Managing Committee of Government High/Higher Secondary and Multipurpose Schools (including Sarvodaya High Schools) in the case of the Principal/Headmasters of these schools, by the District Education Officer in respect of Sub-divisional Education Officers, by the Sub-divisional Educational Officers in case of the Deputy Inspectors of Schools and the Sub-Inspectors of Schools (in areas other than C. D. Blocks in which case power to grant casual leave to Sub-Inspector rests with the Block Development Officers), by the Inspectress of Schools in case of her establishment and the District Inspectress of Schools, by the District Inspectress of Schools and the Deputy Inspectress of Schools in case of clerks under her control.(G. O. no. 4335, dated the 24th November, 1958, no. 4319, dated the 21st November 1958, no. 3780, dated the 29th September. 1959 and no. 5310, dated the 28th December, 1959.)(3)Applications for casual leave, or for leave of absence during gazetted or duly authorised holidays or vacations must in all cases be made in advance, and must state clearly the date on which the officer wished to leave his station and the date on which he proposes to return, such applications should ordinarily be presented at least a fortnight in advance.(D. P. I.'s Circular no. 10, dated the 4th February, 1915.)(4)No officer may absent himself from his duties without having first obtained permission from Government or the officer authorised by Government in his behalf. No officer is entitled to pay or allowances for any time he may spend beyond the limits of his charge without proper authority.(D. P. I's circular no. 10, dated the 4th February, 1915.)(5)Every officer, who proposes to leave his station during casual or vacation leave or leave of absence during gazetted holidays, must state in his application the address, or addresses, which will find him during such leave; and must also when he leaves the station inform his office of the address or addresses which will find him during his absence. No officer may go outside India, on such leave without the special permission of Government in the case of gazetted officers or the sanctioning authority in other cases.(G. O. no. 4207-E., dated the 26th June, 1928; and G.O. no. 478-A., dated the 15th January, 1930.)(6)(a)Rule 180 of the Bihar Service Code does not apply to casual leave for short periods. Such leave is not recognised and is not subject to any rule. Technically, therefore, a Government servant on casual leave is not treated as absent from duty and his pay is not intermitted. Government will not replace officers absent on such leave. The officer granting the leave and the officer taking; will be held responsible if the public service suffers in any way from the absence of the officer on casual leave. Casual leave, however, must not be given so as to cause an evasion of the rules regarding-(i)date of reckoning pay and allowances;(ii)charge of office;(iii)commencement and end of leave;(iv)return to duty;so as to extend the term of leave beyond the time admissible by rule.(b)Clause (a) is not to be read as prohibiting the treatment as casual leave of absence from duty following on leave granted under the rules, so long as such absence is due to reasons involving no evasion of the rules in regard to the matters above specified, as, for instance, when it is necessitated by-(i)detention in plague camps on the way to rejoin; or(ii)orders not to attend office in consequence of the presence of infectious disease in the family or household of the person concerned.When, however, absence from duty for reasons of the nature above indicated exceeds the period which may reasonably be treated as casual leave under the discretion vested in the authority competent to grant leave, the Government servant may be granted leave salary of any kind which may be due to him, and thereafter leave without leave salary.Notes. - (1) These examples are not meant to be exhaustive.(2)Government may sanction a substitute for an absentee, who is prohibited from attending his duties on account of infectious disease in his family and whose duties cannot be arranged for, without prejudice to his pay, provided that the absence does not exceed 30 days and the pay of the absentee is not more than Rs. 100 a month.(Bihar Service Code, Appendix 9)(7)Casual leave may not ordinarily extend to more than sixteen days exclusive of Sundays and gazetted holidays, in any one calendar year. If in special circumstances, the sanctioning authority grants, for urgent special reasons, more than sixteen days, the fact with the reason must be reported at once for the information of the authority immediately superior to the officer granting the leave. If casual leave is taken in extension of Sundays or gazetted holidays, such Sundays or holidays will ordinarily be counted as part of the leave for the purpose of reckoning the total amount of such leave, but in cases of hardship this rule may be relaxed by the authority granting the leave.(Appendix of Bihar Service Code.)Note. - Casual leave may ordinarily be granted up to a limit of sixteen days by the Superintendent of the Hazaribagh Reformatory School with respect to all officers subordinate to him, the nature of whose duties prevents them entirely or partially from availing themselves of Sundays and gazetted holidays.(Government Circular no. 10-A., dated the 8th April, 1916.)(8)Casual leave in continuation of a vacation is inadmissible.(Appendix of Bihar Service Code.)(9)Every officer who grants casual leave shall cause a register of such leave to be maintained in the following form :-Column - (1) Name and rank of the officer to whom casual leave has been granted.Column - (2) Date on which the leave begins and ends.Column - (3) Remarks.(Appendix 9 of Bihar Service Code.)(10)The period of absence of a subordinate directed by the head of his office to absent himself from duty in consequence of infectious disease in his home shall be reckoned as casual leave but shall not be counted against casual leave that may be due.(Appendix 9 of Bihar Service Code.)(11)Time spent in attending a Camp of Exercise is treated as time spent on duty, not as casual leave.(Government Circular no. 5-P., dated the 16th February, 1917.)(12)When an officer is granted permission to leave India, the Director should be informed in due course of the actual date of his departure from, and his return to, headquarters.(D. P. I.'s Circular no. 10, dated the 4th February, 1915.)(13)Principals of Government Professional Colleges and Headmasters are not ordinarily required to remain on duty during vacations, and the fact that a Principal or Headmaster has remained at headquarters during a vacation will not entitle him to any concession, under rule 184 (b) of the Bihar Service Code, unless the Director, or District Education Officer in the case of schools under his control, issues an order declaring him to have been specially detained on duty such orders will only be issued when it is so to the interest of the public service that the Principal or Headmaster should himself remain on duty. A Government servant who has routine duties to discharge during a vacation, which duties do not require his presence at his headquarters but could be performed either by himself at some other place or by some other Government servant, will be considered to have availed himself of the vacation. A Government servant, who leaves his place of duty during a vacation is expected to arrange for and is responsible for, the performance of such routine duties without any cost to Government. He may be recalled to duty during the vacation at his own expense.(D. P. I.'s circular no. 10, dated the 4th February, 1915; and G. of I no 2485-Edn., dated the 22nd December, 1926.)(14)When a Principal or Headmaster leaves his headquarters during the vacation some other member of the teaching staff must be detained on duty. The Principal or Headmaster may not leave his headquarters till he receives the orders of the authority competent to permit him to leave his station as to the arrangements to be made for the charge of the college or school during his absence. He should submit proposals to this authority at least three weeks before the commencement of each vacation.(D. P. I.'s circular no. 10, dated the 4th February 1915.)Notes. - (1) Officers submitting proposals with respect to the charge of Government professional colleges and schools during vacations should bear in mind the ne d for economy. Officers in the Bihar Educational Service, Class I will not be detained on duty during vacations unless it is satisfactorily shown, at least three weeks before the vacation commences, that suitable arrangements cannot be made at a small cost.(2)If a Principal or Headmaster remains voluntarily at his headquarters during vacation, he is required to perform the vacation duties of his post and so long as he is there it is not permissible to detain another officer to perform those duties,(G. O. no. 6037-E., dated the 23rd December 1919.)(15)Officers attending meetings of University examiners, other than members of Boards of Examiners attending meetings of those Boards, cannot be regarded as on duty; if it is necessary for them to leave their stations they may be regarded as on casual leave, provided that the casual leave due covers the period of absence.(D. P. I.'s letter no. 5096-E., dated the 7th May, 1915 and orders, dated the 18th December 1926 in file 11-181-1926.)(j)Extension or re-employment.
