Instruction/guidelines under rule 7(2) of AIS(Leave) Rule 1955 to process deemed resignation for being unauthorisedly absent after expiry of Leave/Study Leave/Foreign Assignment etc.
F.No.
11019/05/2015-AIS-III
Government of India
Ministry of Personnel,
Public Grievances & Pensions
Department of
Personnel & Training
New Delhi dated the 03.11.2015
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 unauthorized 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 unauthorized 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 unauthorized
absent any time during oneyear period of unauthorized absence or as otherwise
provided under rule 7(2)(a) & (b) respectively. But after period of one
year of unauthorized 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,
(Diwakar Nath Misra)
Director (Services)
Tele:011- 23092483
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