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Kejriwal exit affair: Allow government servants who have resigned to leave quickly, respectfully

The case of Arvind Kejriwal, RTI and anti-corruption campaigner, about his not being relieved from government service even five years after he quit, highlights the need to hasten the process of relieving employees after they have resigned

Recently, when Arvind Kejriwal was given a notice from the government office where he worked previously and he rebutted it with his own explanation of the facts, an interesting aspect that came to the fore was that despite having formally resigned from service in February 2006, as per government records he was still in service. Thus, because he has not been able to pay back his computer loan and because he possibly needs to pay back his salary for the two-year period when he had taken study leave as per the provisions of the Central Civil Services (Leave Rules) 1972, his resignation was still pending with the Government of India. I find it amusing, because this is a man about whom the entire world knows that he was an IRS officer who resigned from his service and is openly pursuing a lot of social causes, but the official records possibly refer to him as an officer on undeclared leave.

I must say that Mr Kejriwal's is not a solitary case of a huge delay in acceptance of resignation from service, that too in such superior services like the IAS and IPS. I have two IPS friends from Uttar Pradesh, Dawa Sherpa, who is now a senior leader in Gorkhaland often involved in the agitation on issues related to Gorkhaland, and Kiran Jadhav, who is now in the corporate world. Both of them resigned three to four years back, but their resignation applications are still pending and they are, theoretically, still in service. Thus, while in the IPS civil list Mr Sherpa is listed as "absent from 20/08/2008", Mr Jadhav's status is simply "DIG absent".

An even more interesting case is that of Sanjay Pandey. Before working in the same service, we studied together at IIT Kanpur. Mr Pandey is a BTech in Computer Sciences from IIT Kanpur, which I would think is one of the most coveted achievements for a student in India. Like many others idealists, he also drifted to the Civil Services in 1986. Later, he probably he did not relish the job to the extent that he had wished he would and he resigned from service in 2000.

He wanted to join the private sector, but according to his version, "since they had not accepted my resignation for long, it was causing me problems in the kind of jobs I did in the private sector. Since they did not accept the resignation, I withdrew it in August 2001. Later I heard they had accepted the resignation." It possibly became a matter of principle for Mr Pandey and there were a slew of court cases. Today, Mr Pandey manages his own IT firm, although the website of the Maharashtra Police reads: Shri Sanjay Pandey, w.e.f. 18/06/07 (SP Level) - I. P.S. Officer Under Compulsory Waiting.

Now, as far as the rules are concerned, rule 16(2) of the All India Services (Death-Cum-Retirement Benefits) Rules, 1958, states that a member of the service may, after giving at least three months previous notice in writing to the state government concerned, retire from service on the date on which such member completes 30 years of qualifying service or attains 50 years of age, or on any date thereafter to be specified in the notice. In addition, there is also Rule 16(2A) of the above rules for those cases in which a member of the service has completed only 20 years of qualifying service, where again, he may after giving three months previous notice in writing to the state government, retire from service. The only latch here is that this notice of retirement shall require acceptance by the central government as well. There is also an office memorandum of the Government of India dated the 16 October 1978 which says that under the Service Rules, retirement of a member of the service becomes effective on the expiry of three months' notice given by him, unless he is under suspension.

Though at the same time, in the guidelines for acceptance of notice of voluntary retirement, dated 16 October 1980, it is also written, "In cases where disciplinary proceedings are pending or contemplated against a member of the Service for the imposition of a major penalty, and the disciplinary authority having regard to the circumstances of the case is of the view that the imposition of the major penalty of removal or dismissal from service would be warranted, the notice of voluntary retirement given by the officer concerned may not ordinarily be accepted." I think it is possibly this clause that often comes in the way of acceptance of the voluntary resignation application of many IAS and IPS officers, though this may not always be the reason.

Presumably there are other examples as well where there is no disciplinary inquiry pending against the officer and yet his case remains pending for years. Even in those cases in which the disciplinary inquiry is pending, I hold the view that once an officer has presented his case for voluntary retirement and has thus already made a move not to serve the government anymore, it only befits the concerned government that, based purely on the merits of the case, his/her disciplinary inquiry gets decided as quickly as possible.

This is important because, often, in the name of such pending inquiries, the application of voluntary resignation is kept pending for years, making a mockery of the entire procedure. It is because of this that we find an ex-IPS officer participates in the agitation in the hill lands of Darjeeling and is yet listed as "an SP absent from the job" on the services records, and another former officer who runs an IT firm is called "SP on compulsory waiting".

This is one more area in which we require swift decision-making by the government to rid ourselves of such an unsavoury situation, where a Mr Kejriwal says: "If the government feels that I am still in service, would it mean that I shall come and join the service so as to ask for voluntary retirement the next year when I should have theoretically completed 20 years in service?"

(Amitabh Thakur is an IPS officer from the Uttar Pradesh cadre and president of the National RTI Forum.)

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COMMENTS

MKG

6 years ago

Until the VRS application/resignation is accepted formally by the employer, an employee continues to remain an employee. Honesty is not a matter to be exhibited, it is something which should be clear and lous by the lifestyle of a truly honest person who shuns all publicity and media limelight. I know of another IRS officer who handled very highly sensitive cases all his working life, lived a life of a recluse without murmur or publicity, retired as a chief commissioner of income tax and never got a place near his own people, being a bachellor! He never had time to organise NGOs in his working life but always fought silently against corruption (in fact, he was actively and officially connected with anti-corruption work in his department for years) without seeking media attention!

a v moorthi besides TIHAR

6 years ago

Kejriwal had repeatedly claimed that he was on leave without pay some time after rejoining after availing study leave and he had submitted his resignation once the bond period of 3 years was over from the date of rejoining. He had also claimed that from his dues his liabilities. This is what was repeatedly claimed by Kerjriwal. One question which remained unanswered by Kejriwal is when he had placed all correspondence in the website of IAC and made available to media why is he not presenting the sanction order letter permitting "the leave without pay" because in the absence of this crucial information his claim that he had not violated the bond conditions is untenable and Kejriwal has not come clean on this aspect. Until such time Govt is right in claiming that he has violated bond conditions and he owes money to Govt of India.

I think Mr. Amitab Thakur IPS will be able to put it in Public Domain by approching Kejriwal or from Govt thro RTI.

REPLY

C Jyoti

In Reply to a v moorthi besides TIHAR 6 years ago

Yes. In fact, CBDT must make public the contents of the files relating to Kejriwal's resignation/permission to create and run NGOs while in service, study leave matters (along with the result of his study leave in the form of some articles/books, etc.), permission obtained to go abroad to receive an award from a foreing organisation not beyond doubts, and the replies given by him to the letters written to him by the govt./IT deptt. during his alleged absence from office without permission (tantamounting to abandonment of office?)

C Jyoti

6 years ago

I am afraid, the writer has missed the point. There are rules in the govt service and especially in the Civil Services. What the RTI activist actually demands id for the govt. to bend the rules as an exception in his case. Whether his so called resignation itself is legally valid remains debatable.

Ashok Chowgule

6 years ago

Kejriwal has not been relieved because he has not settled his dues as per the terms of service. This is not a case where the reliving letter has been held for flimsy or no reason.

Nagesh Kini FCA

6 years ago

Amitabh you along with the other members of your tribe similarly affected along with Kejriwal need to get together to arms twist the UPSC/GOI to revisit the archaic regulations.

NHB sees dip in home loan growth, blames higher prices

"I think the main reason for the current sluggishness is the high property prices. If the property prices come down, there could be an increase in demand even if the interest rates go up a little," NHB chairman and managing director RV Verma said

Mumbai: Housing finance watchdog National Housing Bank (NHB) has said demand for home loans will slow down in the next few months due to high property prices, reports PTI.

"Housing loans can be a bit sluggish because buyers feel there is no way of getting properties at a reasonable price, (and) they are postponing their purchases," NHB chairman and managing director RV Verma told reporters here over the weekend.

Since April, home loan growth has been 16% to 17%, which is 1 percentage point lower than the previous fiscal. He further said he sees credit offtake lower at over 15% for the full fiscal.

Mr Verma, however, maintained that it is booming property prices, rather than the repeated rate hikes by the Reserve Bank of India (RBI), that is affecting demand.

"I think the main reason for the current sluggishness is the high property prices. If the property prices come down, there could be an increase in demand even if the interest rates go up a little," he said.

The RBI has increased key short-term rates by a record 12 times over the last 18 months, with an eye to tame uncomfortably high inflation, which stood at 9.78% for August.

Home loan buyers, especially those who are on floating interest rates, are one of the worst-affected categories of buyers affected by the higher interest rates, as the cost of servicing loans obtained at lower rates has gone up.

Mr Verma said the NHB has asked housing finance companies to monitor loans, especially those at floating rates, closely to look for any signs of stress building up.

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Quake toll rises to 40, relief operations in full swing

Four teams of the National Disaster Response Force have been rushed to Sikkim and five more teams were being sent from Kolkata, cabinet secretary Ajit Kumar Seth told reporters after a meeting of top officials in Delhi convened on the direction of prime minister Manmohan Singh

Gangtok: The death toll in the powerful earthquake that struck Sikkim on Sunday evening rose to 40 with 19 people being killed in the state, five in West Bengal, seven each in Nepal and Tibet even as rescue and relief operations were today stepped up in the affected areas, reports PTI.

Over a hundred people have been injured in the 6.8 magnitude tremblor which has caused extensive damage to buildings and roads in Sikkim and several other places.

The casualties have occurred mostly in the North District and in towns and villages like Rangpo, Dikchu, Singtam and Chungthang located along the course of Teesta river, they said.

In Gangtok, power was restored this morning. Residents had spent the night outside their houses fearing aftershocks.

At least 20 aftershocks throughout the night had created panic in the city.

Rescue teams have been dispatched to various affected areas this morning, the officials said. The toll in Sikkim till last night was seven.

In West Bengal, the toll rose to five with reports reaching Kolkata saying that two deaths have occurred in Kalimpong area in Darjeeling while one person each was killed in Siliguri and Jalpaiguri areas and one in a tea garden in Doors.

Chinese state-run news agency Xinhua reported that at least seven persons have been killed and 22 others injured in Tibet in the quake which has caused landslides and has disrupted traffic, power and water supplies as well as telecommunication in Yadong County, an area 40km away from Sikkim.

Three people were killed at Lainchaur in Kathmandu, two in Sunsari district, and one each in Dhankuta and Sankhuwasabha districts in eastern Nepal, according to home ministry sources in the Nepalese capital.

Many buildings in and around Gangtok have collapsed and around 85% of structures and houses have developed cracks due to the quake that hit Sikkim and other areas last evening, they said.

Most of the areas in north Sikkim have been cut-off from the rest of the country as roads were blocked and communication lines got snapped.

The Sadar police station in Gangtok was badly damaged due to the tremor.

All BSNL telephone landlines in the city have gone dead since last evening.

The epicentre of the quake-the biggest in two decades-was located at Mangan and Sakyong areas, over 50km from Gangtok on the Sikkim-Nepal border.

In Bihar, two persons were killed in Nalanda and Darbhanga districts, official sources said. A five-year-old girl and a youth were the two victims, they said.

Tremors were also felt in Assam, Meghalaya, Tripura, Jharkhand, Uttar Pradesh, Rajasthan, Chandigarh and Delhi.

Four teams of the National Disaster Response Force have been rushed to Sikkim and five more teams were being sent from Kolkata, cabinet secretary Ajit Kumar Seth told reporters last night after a meeting of top officials in Delhi convened on the direction of prime minister Manmohan Singh.

"The Prime Minister himself is monitoring the developments connected to the quake," Mr Seth had said.

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