Regarding Rule 32(2)(e) of CCS Leave Rules

Dear Government Officer,

Probably you are reading between the lines, as the period has the concern with your retirement bnefits also and making arranements against the vacany caused on account of your leave and other overheads. However, to enable m to have a proper look before any solution is provided to avoid any loss, can you please attach or send through email complete details of the case, including the copy of your application for leave, leave order issued by the competent authority, letter asking for you undertakin as well as the copy of the undertaking iven by you before proceeding on leave.

PS Dhingra

Chief Executive Officer

Dhingra Group of Management & Vigilance Consultants

New Delhi-110089

Mobile: 09968076381

[dcgroup1962@gmail.com]

CCS(Leave) Rules do not have any such provision in case of EOL. Things will be different if you applied for Study Leave.

Thank you everybody and the legal experts for your feedback! I am not longer a Govt Officer although my ID was opened when I was doing the said work. After working in a pure Govt sectorfor nearly 9 years, I would suggest my future generations not to work in the Govt offices as there ar emany corrupt officers like Mr. Depak Kumar Rahut, Mr. P.H. Kurian and Dr B. K. singh. There are other corrupt officers too. CBi and CVC know all these; I informed them. They are silent now. Therefore, I smell a strong coterie-driven network in the Govt. 

I started fighting with the highly illegal and knowingly corrupt actions of few officials of the Patent Office, India. They tried to pass a just mere Rs 10/- court paper (containing few lines of undertaking) as a "BOND". On 2 March 2011, Mr. Depak Kumar Rahut and anoth r one officer of Patent Office (under the Dept of Industrial Policy and Promotion) sought a BRIBE of Rs 50,000/- from me. I was working as a Group A gazetted officer thereat and I strongly refused them to pay the same. On the same day, in the evening, Dr. B.K. Singh and Mr. D.K. Rahut issued two office directives asking me to pay the Patent Office, India a "BOND AMOUNT" of Rs 1 Lakh "urgently". 

Actually, this FICTITIOUS BOND WAS framed by the duo corrupt officers, (I have reasons to believe that that too happened under the strong indulgence of their superior, Mr. P.H. Kurian, IAS and working as a Controller General of Patents & Designs) as I REFUSED to pay them a BRIBE AMOUNT of Rs 50,000/-. 

My resignation letter was submitted on 23 February 2011 and I revceived the above two office directives on 2 March 2011 evening (by hand at office). The directives implied that my resignation would be accepted once I pay the Patent Office a sum of Rs 1 Lakh for a "BOND" (framed fictitiously by the corrupt triumvirs) "urgently"!

Two days later I Officially requested Mr. Rahut and Mr. Kurian if they would give me an "ADVANCE" from my hard earned GPF account. I was SURPRISED to see that within 24 working hours, my request seeking an "advance" from the GPF account was graned! I am writing this incident in this forum as I want to categorially state the citizens against many illegal and corrupt actions of the triumvirs using an extra-constitutional authority of power. 

CCS GPF Rules state that an "advance" can only be given to a person if the sam eis returned to the GPF account within a stipulated period of time. the office directives implied that my resignation was under consideration once I pay the office for a FICTITIOUSLY FRAMED BOND AMOUNT of Rs 1 Lakh (although I had no "bond" with the office/any person as per the laws of the land). Now, if I move out from the office, how can I pay back the "advance2 money taken from GPF account? Therefore, this violates the stipulations of the CCS GPF Rules. Mr. Rahut and Mr. Kurian knowingly allowed me to avail the "ADVACE" and I HAVE LOST THE INTERESTS OF MY GPF ACCOUNT. 

GPF account is UNATTACHABLE as per the directives of the Hon'ble Supreme Court of India. Therefore, I wonder how these CORRUPT OFFICERS LIKE Mr. P.H. kurian and Mr. D.K. Rahut of Patent Office India can EXERCISE THE EXTRA JUDICIAL AND EXTRA CONSTITUTIONAL AUTHORITY OF POWER? 

I have got Rs 1 Lakh which was ILLEGALLY SNATCHED BY THEOSE CORRUPT OFFICERS OF TH EINDIAN PATENT OFFICE. Now I am seeking JUSTICE and I strongly believe that corruption can't be eradicated unless a strong action is taken from the Government. Mr. Kurian and Mr. Rahut must be thrown out from the positions as they are PRACTISING UTTER ILLEGALAND CORRUPT activities in the Govt sectors for their personal GAINS and MOTIVES.

Learned experts/members have given valuable advice. Kindly attach the papers/documents.

Dear Kumar Doab,

I have uploaded feq documents which are relevant to the facts delineated above. The sai dofficers have refunded Rs 1 Lakh after a 6-month ling battle by way of writing to higher officials and ministers, PMO, Hon'ble President of India.

Theese corrupt officers must pay me back the interests accrued for my hard earned money Rs 1 Lakh which was kept idle at their end for their illegal and corrupt activities. It is further stated that these corrupt officers must step down from their positions as they sought a BRIBE AMOUNT of Rs 50,000/- and subsequently FRAMED A FICTITIOUS "BOND" which doesn't exist in the eye of law.

Patent Office, India is a quasi judicial body, and they deal with Patents, Designs Laws and the laws of the land, and thus, they are well versed with the terminologies "BOND" and "UNDERTAKING"! Therefore, they have intentionally coined the word "BOND" to put me into deep financial trouble and to loose the INTERESTS of my GPF account.

They forced me to seek an "ADVANCE" from GPF for a cause which is utterly false (framing of a fictitious "bond"). Thus, Mr. Depak Kumar Rahut, Dr B.K. Singh and Mr. P.H. Kurian MUST be held guilty of all the charges for seeking bribes, for usurping the power, for weilding an extra-constitutional authority of power and for intentionally mis-representing the facts under the prevailing laws of the land. This instance must be created in the PatentOffice as there are many officials and staffs in th epatent office India who work for their personal gains and interests. I had closely seen these goons of the society. 

Dr. Chakraborti in office order dated 10.01.2008 has referred to CG’s facsimile approval dated 07.01.2008 and suppression of CG’s earlier order dated 12.10.2007.

Did the CG who has given facsimile approval issued order for bond/undertaking of Rs.1.00lac, or Dr Chakraborti added this in office order on his own? Do you have the copy of this facsimile order?

A perusal of documents posted by you:

Contents of Office order Dt. 10.01.2008 and insertion by hand in this order.

Dt.24.08.2011

Dt.24.08.2011

Dt.02.03.2011

Dt.02.03.2011

Dt.04.03.2011

Dt.07.03.2011

Receipt Dt. 07.03.2011

has got you the refund of Rs.1.00lac collected from you in the name of bond amount. The same is the ground for loss suffered by you. You need to peruse this also. It is good that it is stated in your letters and receipt the purpose of drawing funds from GPF.

The responsibility has to be fixed on someone.

Arvind Kejriwal also faced a resembling situation.

Valuable advice of learned experts/members having mastery/expertise in such matters is sought.

Dear Kumar Doab,

Thank you for going through the documents.

CG wrote on 12/10/2007:
"In pursuance of his undertaking for payment of Rupees one lakh in case of not returning to his post or serving at least for a period of two years after resuming the charge of Examiner after expiry of extra-ordinary leave of two years, Dr. Arijit Bhattacharya, is granted an extra ordinary leave of 24 months with effect from 5 December 2007 with the following terms and conditions."

Under point #2 of the above office order dated 12/10/2007 he stated:
"2. Dr. Arijit Bhattachary will not be provided any increment during this period of extra ordinary leave."

An Office Order dated 02/02/2010 by Mr. D.K. Rahut (Head of Office, the Patent Office, Kolkata who is working under CG) clearly supersedes CG's office order dated 12/10/2007. Mr. Rahut did the right thing as the condition #2 is ILLEGAL in the eye of the laws of the land [please refer to Rule 32(2)(e) of the prevailing CCS Leave Rules. I was granted the EOL under Rule 32(2)(e) of the said Leave Rules and subsequently released from the Patent Office, Kolkata with effect from 10 January 2008. I was NOT GRANTED any "relaxation of the provisions contained under Rule 32(2)(e)" [please refer to Rule 32(3)(a) of the said LEave Rules]. Therefore, Mr. Rahut did the right thing on 02/02/2010 to allow me the increment and ruled out the Clause #2 of the "terms and conditions" of CG's order dated 12/10/2007.

But, Mr. Rahut didn't attend/clarify the question of "undertaking" as stated in CG's order dated 12/10/2007 which clearly violates the stipulations of Rule 32(2)(e). Here lies the fallacy. And he sought Rs 50,000/- in cash once I submitted resignation. He sought it asking me to release without any hassle from him/CG office/Ministry. As I refused to do the same, Dr. B.K. Singh and Mr. Rahut passed two office directives on 2 March 2011 asking me to pay Rs 1 Lakh for a FICTITIOUSLY FRAMED "BOND" which they couldn't show me in any of the occasions.

Under point #5 of the above office order dated 12/10/2007 he stated:
"5. The extra ordinary leave is granted on the condition that the post is continued on year-to-year basis."

My post, along with some other 80 Group-A officers, was in "plan" of Govt of India and the same became non-plan and permanent at the end of 2008 w.e.f. 2006.

Further, there is a big difference between a "BOND" and an "UNDERTAKING" as per the prevailing laws of the land. A "BOND" is required to be witnessed and signed by two persons who are at least in the same rank of the candidate and holding a permanent position thereat. Further such a "BOND" MUST be accepted by a superior officer of the Ministry. In my case, the "UNDERTAKING" didn't have any such thing. Furthermore, a "BOND" should be in Form-6, if relaxation of Rule 32(2)(e) is made in any case! Therefore, the "UNDERTAKING" can't be termed as a "BOND".

Patent Office is a quasi-judicial authority. I am sure that they know very well (at least I knew from my daily office practices) the differences between "undertaking" and a "BOND". Mr. Rahut and Dr. B.K. Singh passed the office directives asking me to give the office Rs 1 Lakh intentionally. Therefore, their intention was something else, i.e., malafide, for their personal gains!

Further, these corrupt officers write in their office letetrs dated 25/07/2007 and 24/08/2011 that they are "refunding" "bond amount". Actually these people has refunded my hard earned money for Rs 1 Lakh as there was no bond in the eye of law. How these officers write in the letters that they are refunding "bond amount"? Again, they started framing some stories which doesn't support the evidences.

I attach some documents:
1. CG's facsimile order dated 12/10/2007;
2. relevant portion of the CCS Leave Rules related to EOL;
3. Order passed by Mr. DK Rahut in supersession of the Condition #2 in CG's facsimile order dated 12/10/2007 (which a sub-ordinate officer to CG like Mr. Rahut can't do until CG approves to rectify his errors);
4. the "undertaking" taken forcefully from me on 10 January 2008;
5. the Order of Dr. Chakraborty dated 10/01/2008.

CVC had sent me one letter in July 2011 that they would start a case on the basis of my complaint.

I want justice! If an-Ex Group-A Gazetted Office is denied of Justice, how the millions of Indians will get justice? Beside doing these illegal and corrupt activities the said triumvirs (Mr. Kurian, Dr Singh and Mr. Rahut) has a very strong coterie within the minsitry and the Patent Office for manipulating data and availing personal gains. The corrupt officers must be booked immediately so that no officer can dare to perform such activities again.

By the way, may I know your nature of work and designation etc?

Jai Hind.

--Arijit.
 

Learned Shri P.S. Dhingra has advised to post, the copy of your application for leave, leave order issued by the competent authority, letter asking for you undertaking. Kindly post these. Copy of the undertaking given by you before proceeding on leave, has already been posted by you. Shri Dhingra is highly experienced and competent expert and has helped many with his expert advice.  Valuable advice of Shri Dhingra is sought on this matter and merits.

In perusal of leave rules 32(2) (e) and 32(3)(a) at  Page 48 in your attachment  you have posted that:

-"I was NOT GRANTED any "relaxation of the provisions contained under Rule 32(2) (e)" [please refer to Rule 32(3)(a) of the said LEave Rules]." and hence bond is not applicable.

In place of bond you were asked to submit undertaking urgently. It seems there is no scope and provision, for undertaking in rules as posted by you and bond is not applicable in your case. You were ordered to make the payment to the president of India urgently. You have made the payment to the president of India urgently.

Does this amount to, collecting payment in the name of “President of India”?

You had no other choice; rather you were not left with any other choice, since you had made all other arrangements from your personal resources.

Having realized that you have been rubbed on the wrong side, you have pointed out the lapses, and escalated the matter, up to the President of India and sought relief. The amount pledged (under force) Rs. 1.0Lac has been refunded to you, to set the matter right. Did you receive this amount under protest?

You have highlighted that “As I have no money in hand I have no option but to take advances from my GPF account to meet the said expenses.”  And this amount was paid by you from your hard earned GPF account and you have right set of communications confirming that you had sought and obtained this amount from GPF.

You have suffered loss, which you want the offender to pay to you as you have lost the interest of GPF a/c. You may lodge and peruse your complaint and demand it. It is felt that you can escalate up to the level of President of India. The responsibility has to be fixed on “who has caused this loss and who shall pay”. Obviously due to the adverse and detrimental effects no one shall easily accept the responsibility. But the responsibility has to be fixed!

You have posted that you were asked to bribe and that “CVC had sent me one letter in July 2011 that they would start a case on the basis of my complaint.” You may peruse your complaint.

We have learnt, from your post, another and an intelligent way of coercing an employee to bribe the superior. This is highly perturbing. You seem to have right set of documents, record, and studied, understood, and researched your case well. You are aware. This is to your advantage. Kindly persist.

Valuable advice of learned experts/members having mastery/expertise in such matters is sought.

Thank you Kumar Doab and Learned Shri P.S. Dhingra for your feedback on the matter. Yes, I kept all the records from day 1 of the incident. Except all these, Mr. D.K. Rahut, the Head of Office at Patent Office, Kolkata acted in a vindictive manner with me. While I was on EOL (on 14 January 2009; just after 1 year of the 2-year EOL), the concerned officer had sent me one letter of promotion to the rank of Assistant Controller of Patents & Designs and posted me to New Delhi office. I was already released on 10 January 2008 for prosecuting the post-doctoral studies through research for a continuous period of 24 months. And, the then CG, in connivance with the Head of the Office, the Patent Office, Kolkata, had transferred me!!! As per the CCs rules, a person who is on EOL, can not be transferred until and unless he joins. Further, this transfer was made without any basis. Mr. Rahut picked up candidated randomly, irrespective of their ranks in the merit list. My all India rank was 8th. The person who is ranked as 7th or 9th were kept in Kolkata Patent Office and I was transferred suddenly while Iw as on EOL. A legal expert can easily understand the illegal and highly motivated act perpetrated by Mr. Rahut. Therefore, the series of incidents prove that Mr. Rahut was vindictive and still now vindictive for not paying me the interests for my hard earned money.

I got the refund of Rs 1 Lakh only after strong protests from 22 March 2011 till September 2011. Therefore, series of letters, telephonic talk, complaints to various Govt agencies forced the corrupt officers to learn that they performed a highly UN-CONSTITUTIONAL, ILLEGAL & CORRUPT action with me. Government must book the culprits for my sufferings and give me the interests.

By the way, Mr. Kumar Doab, have you noticed one thing? Please CAREFULLY NOTE: The Office directive of Dr. B.K. Singh dated 02/03/2011 clearly shows that the an Office Note No. A-19015/19/2002-Admn dated 28/02/2011 was made by Mr. D.K. Rahut for putting up my resignation letter (dated 23 February 2011 through proper channel) before CG. This Office Note contains FALSIFICATION OF FACTS, i.e., he stated in his Office Note that I had a "BOND" with the Govt of India. So, first RESPONSIBILITY OF SUCH AN ILLEGAL ACT GOES TO Mr. D.K. Rahut; Mr. Kurian is responsible for indulging in unlawful, corrupt activities of Mr. Rahut and Dr. Singh is responsible for issuing such an Office directive dated 2 March 2011 without going through the documents retained by the Patent Office. I hope these clarify my actions within the scope and letter and spirit of the prevailing Acts and Rules of the land.

Sir, 

I am central government employ joined in july 2014. Right now I am on EOL of 89 days which is going to expire on 6th january 2015. I want to extend it further for 2 months on medical basis. can I do this?