SRINAGAR: Jammu and Kashmir has said that disciplinary action will be initiated against employees who are found neglecting their duties for sake of their studies.
A circular in this regard has been issued by the Finance Department, Jammu and Kashmir.
In terms of rule 61 to 73 of the J&K Civil Services (Leave) Rules, 1979, the employees of the Government of Jammu and Kashmir are granted study leave for pursuing special course in a professional or technical subject, having a direct and close connection with sphere of their duties, initially for a period of one year and maximum for a period of three years during their entire service.
It has been observed that various cases are being referred to Finance Department for seeking opinion with regard to granting of Permission to Government employees who want to pursue higher studies through distance/online mode without availing study leave.
The issue has been examined and need has been felt to issue a general advisory for information/guidance of all the Departments. Ordinarily there can be no objection to the pursuit of knowledge by Government Servant in leisure hours. But this must be subject to condition that such pursuit does in no way detract the employees from their efficiency.
Whereever found necessary, the Administrative Authorities may require that Government servants under their control should take prior permission before joining educational institutions or courses of studies for University Degrees, as the joining of educational institutions involves advance commitment about attendance at specific hours and absence from duty during periods of examinations.
Generally, permission is to be granted but with a view to deal with cases where it is noticed that the Government servant has been neglecting his duties for sake of his studies, a condition may be attached that the permission may be withdrawn at any moment without assigning any reason. This will, of course, be without prejudice to any other departmental action being taken where mere withdrawal of the permission is not considered adequate.
Accordingly, it is hereby clarified that the cases involving grant of pe.rmission to Government employees for pursuing higher studies through distance/on line mode without availing of study leave shall be decided by the concerned Administrative Department at its own level, subject to the following conditions:
The Government servant shall pursue study course before and after the normal working hours of the office and holidays.
The completion of the course shall be without detriment to the efficient discharge of his/her official duties. If at any stage, it is found that the employee has been neglecting his duties for sake of his studies, the permission shall be withdrawn at any moment without assigning any reasons besides inviting disciplinary action.
The permission shall not entitle him to claim leave either for preparation or for the duration of the examination and that leave, if any, required for the purpose will be sanctioned subject to its admissibility and also administrative interest, in terms of relevant rules. The University/Institute as well as the course is recognized.
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