No Double Jeopardy – Dies Non & Disciplinary Action
Judgment dated 4.6.2026 of the High Court of Delhi in LPA 363 of 2026 of Ashok Kumar Vs. Indian Institute of Technology, Delhi through its Director
The appellant Group D Helper was on unauthorized absence from duty for five months in 2015 to 2016.
Initially, the said period was declared as dies non. However, in the inquiry the punishment of compulsory retirement from service was imposed.
In the facts of the instant case, it was, thus, always open to the respondent to have initiated the disciplinary proceedings for misconduct of unauthorised absence from duty against the appellant even after declaration of the period of leave as dies non.
The concept of declaration of a period as dies non in service jurisprudence connotes that for the period an employee remains on leave, he shall not be entitled to pay on the principle of ‘No Work No Pay’ for the said period.
A perusal of the afore-quoted extract of Statute 13(9) of the Statutes of IIT, Delhi reveals that treating the period of unauthorised absence as dies non which results in non-payment of salary or pay for such period, has not been described or defined as a punishment or penalty which culminates on conclusion of disciplinary proceedings.
