F.R. & S.R. – PART III - Leave Rules

CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972

No. 11013/7/2004-Estt. (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

New Delhi, dated the 5th October, 2004.

OFFICE MEMORANDUM

Subject: Requirement of taking prior permission by Government servants for leaving station/headquarters.

The undersigned is directed to refer to this Department's O.M. No. 11013/7/94-Estt. (A) dated the 18th May, 1994 in which it has inter alia, been clarified that the Government servant should take permission for leaving station/headquarters especially for private visits abroad. It has also been clarified in O.M. No. 11013/8/2000-Estt. (A) dated the 7th November, 2000 that the leave sanctioning authority while granting leave shall take prior approval, if required, for permitting the officer to go abroad as per the existing instructions. Despite these instructions, instances have come to the notice of the Government where Government servants have left their headquarters without taking prior permission and proceeded abroad.

2. The High Court of Delhi, in its judgment dated the 28th May, 2004 in the Criminal Writ Petition No. 1004/03 (Chandra Kumar Jain Vs. Union of India) has observed that a Government servant who had visited some foreign countries 161 times on private visits without permission was never questioned and no one in the customs and the other departments suspected why a Government servant was so frequently (161 times), making private visits without permission. The High Court has, therefore, directed the Central Government to frame guidelines on foreign private visits of the Government servants.

3. Keeping in view the observation of the High Court the Ministries/ Departments are requested to bring the existing instructions on the subject matter to the notice of all concerned and ensure that Government servants take prior permission before leaving for visits abroad as required under these instructions. When such permission to visit abroad is sought the Government servant is required to furnish information relating to the proposed and previous private visits as per the proforma (enclosed).

Hindi version will follow.

(Smt. Pratibha Mohan)
Director (E-II)

Encl: PROFORMA