(TO BE PUBLISHED IN PART-I SECTION —2 OF THE GAZETTE OF INDIA)
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Direct Taxes)
North Block, New Delhi
NOTIFICATION NO. 03/2017
Delhi, the 06/03/2017
Shri Girish Prasad, Deputy Director (Systems) working under Pr. DGIT(Systems) had not resumed duty after expiry of sanctioned leave and continues to remain unauthorized absent from 19.08.2000 to till date.
- In terms of DoPT’s Notification G.S.R. 261(E) dated 29.3.2012 read with Rule 12(2) of CCS (Leave) Rules, 1972 which states that a Government servant who remains absent from duty for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned from the Govt. service provided that a reasonable opportunity to explain the reasons for such absence be given to that Govt. servant before provisions of sub-rule (2) are invoked.
- In the case of Shri Girish Prasad a resignation letter in the Directorate of Income Tax (Systems) was received on 20.03.2007. It may be seen that said resignation letter was submitted after a period of more than 5 years of continuous unauthorised absence. Accordingly, show cause notices were issued by the Directorate of Income Tax (Systems), New Delhi vide letters F.No. 1/4/DDGP/90- DIT(S)-4301 dated 25.06.2009 & F.No. Admn/Resignation/10/02/2007/01/DIT(S)/ 3952 dated 05.2012 at the address(es) available with the Department. In response to the show cause, no reply has been submitted by him. In this case notice for unauthorised absence from duty and for invoking provisions of Sub Rule (2) of Rule 12 of CCS (Leave) Rules, 1972 was also published in leading News Paper i.e. Times of India (English), Hindustan Times (English), Navbharat Times (Hindi) and Danik Bhaskar (Hindi) on 23.12.2016, whereby an opportunity was given to Shri Girish Prasad, Deputy Director (Systems) to explain the reasons for his prolonged unauthorised absence and show cause why his absence with effect from 19.08.2000 may not be treated as Deemed Resignation under sub rule 2 of Rule 12 of CCS (Leave) Rules, 1972. However, no reply has been received from Shri Girish Prasad, Deputy Director (Systems), Delhi.
- Shri Girish Prasad has not resumed duty after expiry of sanctioned leave and continues to remain unauthorized absent from duty for a continuous period exceeding five years w.e.f. 19.08.2000.
- Now, therefore, in exercise of powers conferred under DoPT G.S.R. 261(E) dated 29.3.2012 read with Rule 12(2) of CCS (Leave) Rules, 1972, the President of India is pleased to treat continuous absence of Shri Girish Prasad as deemed resignation from service with effect from 19.08.2000.
Shri Girish Prasad shall not be entitled for any retirement benefits. Under