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Showing contexts for: Absentee statement in Ramakrishna Dutta vs Union Of India And Ors. on 31 October, 2023Matching Fragments
9. It is the case of Mr. Dinesh S. Badiar, learned counsel for the petitioner that the charge sheets have been issued against the petitioner after 3-4 years, and as such they suffer from inordinate delay. Further, ever since the petitioner's appointment w.e.f. October 08, 1993 till December 31, 2014 salary has been continuously paid to the petitioner by the respondents after mandatory absentee statement and issuance of certificates every month by different authorities after full verification of actual attendance, actual employment, amount actually due and after obtaining sanction by the competent authority as per rules and orders etc. including as per Rules 66, 67, 68 etc. of the Central Government Accounts (Receipts and Payments) Rules, 1983 promulgated under Article 283 of the Constitution of India. Even Leave Travel Concession (LTC), Leave Encashment for availing LTC and intermittent leaves of various kinds including earned leave, commuted leave, casual leave, restricted holiday etc. have been granted to the petitioner even during the alleged period of unauthorized absence, making it evident that the respondents have treated the petitioner to be in continuous service.
18. That apart, he has referred to the Central Government Accounts (Receipt and Payments) Rules, 1983 which states that the payment of salary, i.e., the pay bill shall be duly supported with (i) form and preparation of pay and travelling allowances in form No.13/U/R66, (ii) absentee statement in form GAR 20 under Rule 67 and (3) increment certificate in form No.21 under Rule 68. If the petitioner was absent, then the absentee statement in form GAR 20 would show "absent" and relevant amount would be deducted. The fact that the petitioner has been paid salary presupposes the presence of the petitioner at work.