(TO BE PUBLISHED IN PART-I SECTION —2 OF THE GAZETTE OF INDIA)
F.No. ADMN/RESIGNATION/10/2/2007/01-DIT(S)
Government of India _20C1
Ministry of Finance
Department of Revenue
(Central Board of Direct Taxes)
NOTIFICATION NO. 04/2017
North Block, New Delhi
Delhi, the 06/03/17
Shri Sawant Dileep Anant, Assistant Director (Systems) working under Pr. CCIT, Mumbai had not resumed duty after expiry of sanctioned leave and continues to remain unauthorized absent from 10.10.2000 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 Sawant Dileep Anant, a resignation letter dated 05.12.2008 addressed to commissioner of Income Tax(Personnel), Mumbai was received in Mumbai office. It may be seen that said resignation letter was submitted after a period of more than 5 years of continuous unauthorised Accordingly, a show cause notice was issued by Commissioner of Income Tax (CO), Mumbai vide letter No. CIT(CO)/Show Cause/2012-13 dated 13.09.2012 at the address(es) available with the Department. In response to the show cause, a letter has been received on 01.10.2012, wherein he has requested to process his resignation letter dated 05.12.2008, which was submitted after a period of more than 5 years of continuous un-authorised absence. Notice for unauthorised absence from duty and for invoking provisions of Sub Rule (2) of Rule 12 of CCS (Leave) Rules, 1972 in the case of Shri Sawant Dileep Anant, Assistant Director (Systems), Mumbai was also published in leading News Paper i.e. Times of India (English), Loksatta (Marathi) and Navbharat (Hindi) on 10.01.2017, whereby an opportunity was given to Shri Sawant Dileep Anant, Assistant Director (Systems) to explain the reasons for his prolonged unauthorised absence and show cause why his absence with effect from 10.10.2000 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 Sawant Dileep Anant, Assistant Director (Systems), Mumbai.
- Shri Sawant Dileep Anant 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. 10.2000.
- 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 P.N.N. Ravin as deemed resignation from service with effect from 10.10.2000.
- Shri Sawant Dileep Anant shall not be entitled for any retirement benefits.