No. 1-1/CVC/2021-Vig
Dated 24th October, 2022.
Subject: With holding of Leave Encashment on account of Disciplinary Proceeding - regarding.
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I am directed to refer to DoP&T O.M. No, 21011/08/2013-Estt (AL) dated 25.03.2013. on the subject of General entitlement of leave [available at https://dopt.gov.in/sites/default/files/Allowance-25032013 pdf] and to say that it has come to the notice of this Directorate that payment of due leave encashment at the time of superannuation is withheld invariably till the conclusion of the Disciplinary Proceedings against the officer causing avoidable hardship to the retired Government Servant.
3. In the above context, Rule -39(3) of CCS(Leave) Rules, 1972 may be referred to which provides that "The authority competent to grant leave may withhald whole or part of cash equivalent af earned leave in the case of a Government servant who retires fiom service on attaining the age of retirement while under suspension or while disciplinary or eriminal proceedings are pending against him, if in the view of such authority there is a possibility af sonie money becoming recover able fiom him on conclusion of the proceedings, he will become eligible to the amount so withheld after adjustment af Government dues, if any”
4. Therefore, it is clear from the provisions of Rule 39(3) of CCS(Leave) Rules, 1972 as further clarified by DoPT, that leave encashment should not be withheld in respect of a retiring employee because of pendency of a departmental proceeding etc, as a matter of usual recourse. The charges against the officer should be carefully considered before deciding whether withholding of the amount of leave encashment due to the employee is necessary keeping in view the nature of charges against the individual.
5. It is, therefore, requested to sensitize all the officers/officials dealing with such matters at various levels to deal such cases with due care and diligence and in accordance with extant rules.
