Bhopal: The Madhya Pradesh High Court has ruled that govt employees leave without permission is not a right and that unauthorised absence from duty cannot be regularised against accumulated leave later. In a significant service law judgment, a Division Bench held that government employees and police personnel must obtain prior permission before taking leave, and failure to do so will result in disciplinary consequences rather than retrospective leave adjustment.
Background of Govt Employees Leave Rule
The case came before a Division Bench of Justice Vivek Rusia and Justice Pradeep Mittal at the Madhya Pradesh High Court in Jabalpur. A Head Constable had argued that though he was absent from duty without formal leave approval, his absence should be adjusted against his earned leave balance.
The Bench disagreed, observing that:
- Government servants and police officers do not have a right to start leave without prior authorisation; and
- Unauthorised absence cannot later be converted or adjusted against leaves already earned.
This principle is rooted in service rules requiring prior sanction for leave from competent authorities. Once an employee is absent without permission, that period is treated as unauthorised absence, not leave.
Govt Employees Leave Rule: What “Unauthorised Absence” Means
Legally, absence from duty without prior application or approval is typically termed “unauthorised absence,” and may attract disciplinary action. In related service jurisprudence, courts have held:
- Absence without permission may be unauthorised but isn’t automatically misconduct if there were compelling reasons (e.g., medical emergencies). The disciplinary authority must prove wilfulness for penal consequences.
- Service rules clearly require leave applications and approvals before absence.
However, in the current High Court case, the employee lacked valid prior permission — and the Court refused retrospective adjustment.
Impact of Govt Employees Leave Rule
This judgment reinforces service discipline across government departments and police forces in Madhya Pradesh. Key takeaways for public servants and administrators include:
- Leave must be formally applied for and approved in advance.
- Unauthorised absence cannot be “condoned” simply by adjusting it later against leave balances.
- Departments can treat such absence as misconduct requiring inquiry.
- Police and civilian government servants alike are bound by the same leave discipline standards.
Public authorities and HR teams should review internal leave sanction protocols to ensure compliance with the court’s clarification.
