Thursday, 5 November 2015

Deemed Resignation for unauthorised absence on expiry of leave or foreign assignment

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 resignationfor 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 completeproposal to the Central Government for effecting deemed resignation within next two months. If the StateGovernment 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 - gconnect. in

Labels

7th pay commission (167) AICPIN (8) Allowances (2) Budget (1) CAT Decision (3) CBI (3) CBI Case (14) CCS (Conduct) Rules (1) Central Administrative Tribunal (2) Children Education Allowance (5) Circulars - DOPT (67) Circulars - Govt of India (48) Circulars - Pensioners (5) Court Order (5) D & A RULE (3) Dearness allowance (30) DOPT (27) Employee - Airline (4) Employee - BSNL (10) Employee - CGHS (5) Employee - Education (8) Employee - Electricity (1) Employee - Judicial (3) Employee - LIC (1) Employee - Ministry of Personnel (9) Employee - MP & MLA (4) Employee - Police Service (39) Employee - Port and Dock (1) Employee Engagement (1) EMPLOYEE JOKE (1) Employee News (26) Employee News - Bank (18) Employee News - Bhel (2) Employee News - Central Govt. (256) Employee News - Central Information Commission (4) Employee News - Defence (74) Employee News - General (332) Employee News - Govt. Employee (58) Employee News - Himachal Pradesh (4) Employee News - Pensioners (68) Employee News - Postal Dep (14) Employee News - Private Company (43) Employee News - Railway (107) Employee News - Station Master (2) Employee News -Govt. Employee (601) Exam Result (1) General Information (124) Govt. Employee - General (977) Health (3) Income Tax (36) JBP DIVISION - OPTG (10) Know About (3) MACP (6) Missouri (1) News - General (93) News - Job - Career (51) NPS (7) OROP (13) Pay Fixation (2) PIB (3) PLB(Bonus) (22) Promotion / Posting/ Transfer (23) Public Provident Fund (16) Question Bank (1) Reservation (12) RTI (7) SCAM (19) STA (1) State - Arunachal (2) State - Delhi (16) State - Gujarat (2) State - Rajasthan (1) State - Telagana (1) State Gov - Andhra Pardesh (3) State Gov - Chhatisgarh (1) State Gov - General (118) State Gov - Haryana (16) State Gov - Jammu & Kashmir (6) State Gov - M. P. (8) State Gov - Maharashtra (6) State Gov - Odisha (6) State Gov - Puducherry (1) State Gov - Punjab (8) State Gov - Rajasthan (9) State Gov - Tamil Nadu (1) State Gov - UP (12) State Gov - Uttarakhand (3) State Gov - West Bengal (15) State Gov. - Bihar (3) State Gov. - Jharkhand (2) State Govt - Himachal Pradesh. (4) State Govt - Karnataka (2) State Govt - Kerala (1) State Govt - Tamil Nadu (5) Trade Union (15) World Employee (14)

Google+ Followers