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Officers of All India Service to lose job for overstaying on foreign assignments or unauthorised leave without permission: DoPT

Officers of All India Service to lose job for overstaying on foreign assignments or unauthorised leave without permission: DoPT

Babus to lose job for overstaying on foreign assignments: Govt

New Delhi: IAS and IPS officers will lose their job for overstaying on foreign assignments for more than a month or for being on unauthorised leave without permission, as per the new rules formed by the government on Tuesday.

In case states fail to act against delinquent officers, the Centre will on its own initiate proceedings of "deemed resignation" against them, it said.

The move comes after it was noticed that some bureaucrats were not reporting back to India after completion of their foreign postings. Few of them were also proceeding on unauthorised leave soon after completing their tenure abroad.



If an officer of all India service -- Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS), remains unauthorisedly absent after the sanctioned period of leave, study leave or tenure of foreign assignment, there shall be a one month waiting period, the rules said.

After that, the state government concerned under whose cadre the officer hails from, shall issue a show cause notice, thereby giving him an opportunity to explain his case.

Thereafter, if the officer does not return to duty, the state government concerned shall initiate proceedings of deemed resignation and forward a proposal to the Centre for effecting it within next two months, it said, adding that the process of deemed resignation should be completed within three months time.

In case the state government fails to comply with these instructions, the central government shall initiate proceedings of deemed resignation on its own, the rules finalised by Department of Personnel and Training (DoPT) said.

"However, there is no bar in issuing show cause notice and seek clarification from a member of service for being unauthorisedly absent any time during one year period of unauthorised absence," it said.

But after period of one year of unauthorised absence, the whole process of deemed resignation shall be completed within three months, the rules said.

As per existing rules, an officer shall be deemed to have resigned from service if he is absent without authorisation for a period exceeding one year from the date of expiry of sanctioned leave or continues on foreign assignment beyond the period approved by the central government.

The DoPT has sent the new rules to chief secretaries of state governments and union territories, and also to Home and Environment, forest and climate change ministries -- cadre controlling authorities for IPS and IFoS respectively.

There are 10 IAS officers who are at present on unauthorised leave and necessary action is being taken against them, said a senior official in DoPT, the cadre controlling authority for IAS.
PTI Read at: Zee News

Instructions / guidelines under rule 7(2) of AIS(Leave) Rules 1955 to process deemed resignation for being unauthorisedly absent after expiry of Leave / Study Leave/ Foreign Assignment etc: DoPT Order

F.No. 11019/05/2015-AIS-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

New Delhi dated the 3rd Nov, 2015

The Chief Secretaries of all the States/UTs

Subject:- Instructions / guidelines under rule 7(2) of AIS(Leave) Rules 1955 to process deemed resignation for being unauthorisedly absent after expiry of Leave / Study Leave/ Foreign Assignment etc.

Sir/Madam,
The following procedure shall be followed in the cases of unauthorized absence and to initiate proceedings of deemed resignation under rule 7(2) of AIS(Leave) Rules 1955:-

(a) A Member of Service (MoS), if remains unauthorisedly absent after the sanctioned period of leave / study leave / tenure of Foreign Assignment as prescribed under rule 7(2) of AIS(Leave)Rules, 1955, there shall be a one month waiting period after the end of leave period / tenure of foreign assignment etc. After that the concerned State Government shall issue a show cause notice, thereby giving an opportunity to the MoS to explain his / her case. Thereafter, if the MoS does not return to duty, the State Government concerned shall initiate proceedings of deemed resignation under rule 7(2) of AIS(Leave) Rules 1955 and forward a complete proposal to the Central Government for effecting deemed resignation within next two months. If the State Government fails to comply with these instructions and does not adhere to the aforesaid timeline, the Central Government shall initiate proceedings of deemed resignation under rule 7(2) of AIS(Leave) Rules 1955 on its own. The term ‘Central Government’ means the concerned Cadre Controlling Authority, i.e. Department of Personnel & Training for IAS officers, Ministry of Home Affairs for IPS officer and Ministry of Environment, Forest & Climate Change for IFS officers respectively.

(b) However, there is no bar in issuing show cause notice and seek clarification from MoS for being unauthorisedly absent any time during one year period of unauthorised absence or as otherwise provided under rule 7(2)(a) & (b) respectively. But after period of one year of unauthorised absence or as otherwise provided under rule 7(2)(a) & (b) respectively, the whole process of deemed resignation shall be completed within three months as prescribed above.

2. The above instructions / guidelines may please be brought to the notice of all the concerned authorities under your administrative control for strict compliance.

3. This issues with the approval of Competent Authority.

Yours faithfully,
sd/-
(Diwakar Nath Misra)
Director(Services)

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/11019_05_2015-AIS-III-03112015.pdf]

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Central Government Employee News and Tools: Officers of All India Service to lose job for overstaying on foreign assignments or unauthorised leave without permission: DoPT
Officers of All India Service to lose job for overstaying on foreign assignments or unauthorised leave without permission: DoPT
Instructions / guidelines under rule 7(2) of AIS(Leave) Rules 1955 to process deemed resignation for being unauthorisedly absent after expiry of Leave / Study Leave/ Foreign Assignment etc.
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