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Sunday, August 5, 2012

THE CASE OF MISSING BABUS

by SHYAMLAL YADAV

The decision by the Department of Personnel and Training (DoPT) earlier this month to remove from service an IAS officer who has been on unauthorised leave for over a decade was “unusual” for the simple reason that action was taken in a case such as this. According to sources at the DoPT, at least nine officers remain similarly “missing”. While deemed resignation process has been started against them too, it is yet to be completed. The records of at least one of those officers shows “unauthorised absence” for 14 years.

Information obtained by The Indian Express using Right to Information (RTI) shows that in most of the cases, the officers went abroad on study leave “in the interest of service” but decided to stay back. In other cases, they used postings in key ministries such as Finance and Commerce for coveted foreign assignments.

LV Nilesh, the Maharashtra-cadre officer now removed from service, is currently working with Microsoft in the US. While he went on a two-year study leave in July 1999, as per Nilesh’s own Facebook profile, he joined a California-based software firm in March 2000, under the name Nilesh Londhe.

Since 2009, there have been only five officers whose “unauthorised absence” has led to the DoPT enforcing “deemed resignation”. A list of other “missing” IAS officers:

Amit Kumar Jain (Sikkim-cadre officer, 1991 batch): Has been absent without authorisation since June 1, 2003. Case is now under consideration for deemed resignation.

Anil Yadav (Madhya Pradesh-cadre officer, 1999 batch): “Missing” since July 25, 2007. Case is now under consideration for deemed resignation.

Alok Khare (Assam-Meghalaya, 1992): Khare was granted study leave for two years on July 25, 2002, to pursue his Ph.D in the US. For more than four years after that, till December 31, 2008, he was on earned leave, half-pay leave and extraordinary leave (EOL). Since January 2009, his records show “unauthorised absence”. The DoPT initiated deemed resignation process against him on May 30, 2012. 

Rahul Anand (Himachal Pradesh, 1996): Anand was also granted two-year study leave on June 20, 2006, for a Masters at Harvard University. He managed to get his leave extended but when it finally expired on June 20, 2010, he requested the state government to allow him to work at the International Monetary Fund (IMF) till 2013. In December 2011, Anand informed the DoPT that he was never sent any communication regarding joining the IMF.

Amitabh Mukherjee (West Bengal, 1983): Mukherjee was allowed to undertake a foreign assignment under the World Bank w.e.f. January 1996 for five years. He continued to work with the World Bank beyond his leave though and submitted his resignation on August 28, 2002. Since he broke the bond, the DoPT, on April 23, 2012, issued a notice for recovery of Rs 13.40 lakh along with interest from Mukherjee.

Shishir Priyadarshi (Uttar Pradesh, 1980): Priyadarshi was granted one-year leave to join the World Trade Organisation in July 1997 and joined the cadre after returning from the foreign deputation only on September 1, 2008. Subsequently, he again applied for leave, which has not been sanctioned. The DoPT has sent over half a dozen reminders to the state government to initiate the deemed resignation process but there is no response.

Sanjeev Ahluwalia (UP, 1980): Ahluwalia was on foreign deputation to Sudan as consultant of the World Bank from September 18, 2005, for one year. Since September 18, 2006, the state government has been waiting for him to join the cadre. In this case again, the DoPT’s reminders to the state government have elicited no response.

Saroj Kumar Jha (Orissa, 1990): It was only in 2009 that the DoPT realised that Jha had been “unauthorisedly” absent from his duty since June 5, 2002. While the department requested the state government for details — sending the first request in November 2009 — no decision has been taken yet.

V Ramakrishnan (Kerala, 1992): He was granted study leave to go to the US for two years w.e.f. June 16, 2000. On his return, he applied for EOL for another five years. The DoPT granted the same only for three years, i.e till June 18, 2005. Six years later, the DoPT has no information on his whereabouts.

THE RULE

Rule 7 (2) of AIS Leave Rules says: “A member of the Service shall be deemed to have resigned from the service if he is absent without authorisation for a period exceeding one year from the date of expiry of sanctioned leave or permission, or is absent from duty for a continuous period exceeding five years, or continues in foreign service beyond the period approved.” DoPT officials admit that implementation is very difficult since the Centre cannot take any action without states’ consent.

THE RAP LIST

At least nine officers in the DoPT records are currently absent without “authorisation”. Since 2009, the “unauthorised absence” of six officers has been approved as deemed resignation. Apart from the most recent case of LV Nilesh (Maharashtra, 1991-batch), they include Cherry Malik (Bihar, 2004), A K Tiwari (Maharashtra, 1990), Raj Kamal (Karnataka, 1989), Manoj Atolia (West Bengal, 1989) and Anil Kumar (Tamil Nadu, 1991).

http://www.samachar.com/The-missing-babus-mh0kMpbdfcj.html

Comment

It seems all the rules are 'by the babus', 'of the babus' and 'for the babus' in which the departments or the Central or the State Governments hardly have any say. These rules allow the babus to take every one for a ride without any harm or penalties or punishments affecting or harming them  in any way. This really shows and confirms the real infallibility of "the Great Indian Babus" who seem to be concerned only about themselves.

"Mera Bharat Mahan"

Col LK Anand Retd

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