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Case lawNotifications2017 › Notification No. 02/2017 [F. No. ADMN/RESIGNATION/10/02/2007/01-DIT(S)
Notification 6 March 2017

Notification No. 02/2017 [F. No. ADMN/RESIGNATION/10/02/2007/01-DIT(S)

A notification

What this is

Notification No. 02/2017 [F. No. ADMN/RESIGNATION/10/02/2007/01-DIT(S) was published on 6 March 2017. Its subject is A notification.

The instrument itself

The text, read by machine from the scan

This is not the department’s typed text. The department published this one as a scanned image of a signed paper, so there is no text in the file to copy. What follows was read off that image by optical character recognition and is reproduced without correction — the mistakes you can see are the machine’s, and there may be others you cannot. It is here so the document can be found and read; it is not a substitute for the file, which is linked below. Do not quote from this page.

(TO BE PUBLISHED IN PART-I SECTION —2 OF THE GAZETTE OF INDIA) .
F.No. ADMN/RESIGNATION/10/2/2007/01-DIT(S) 3
Government of India -2° cy
Ministry of Finance
Department of Revenue (Central Board of Direct Taxes)
North Block, New Delhi,
Delhi, the 06 2017
NOTIFICATION NO. 02/2017 ros
Shri Kulvinder Singh, Deputy Director (Systems) working under Pr. CCIT, Delhi has been absent from duty from 30.06.1997 onwards and he has not reported for duty and continues to remain unauthorized absent from 30.06.1997 to till date.
2. In terms of DoPT’s Notification G.S.R. 261(E) dated 29.3.2012 read with Rule 12(2) of CCS
(Leave) Rules, 1972 which states that a Government servant who remains absent from duty for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned from the Govt. service provided that a reasonable opportunity to explain the reasons for such absence be given to that Govt. servant before provisions of sub-rule (2) are invoked.
Z% In the case of Shri Kulvinder Singh, a show cause notice was issued vide letter F.No.
Admn/Resignation/10/02/2007/01/DIT(S)/3950 dated 31.05.2012 by the Directorate of Income Tax (Systems), New Delhi at the address(es) available with the Department. In response to the said show cause notice, a letter was received on 15.06.2012, wherein he requested to process his resignation letter dated Nil received on 09.04.2007, which was submitted after a period of more than 5 years of continuous unauthorised absence. In this case, notice for invoking provisions of Sub Rule (2) of Rule
12 of CCS (Leave) Rules, 1972 was also published in leading News Paper i.e. Times of India (English),
Hindustan Times (English), Navbharat Times (Hindi) and Danik Bhaskar (Hindi) on 28.12.2016, whereby an opportunity was given to him to explain the reasons for his prolonged unauthorised absence and show cause why his absence with effect from 30.06.1997 should not be treated as Deemed
Resignation under sub rule 2 of Rule 12 of CCS (Leave) Rules, 1972. However, no reply has been received from Shri Kulvinder Singh, Deputy Director (Systems), Delhi.
4. Shri Kulvinder Singh has been absent from duty from 30.06.1997 onwards and he has not reported for duty and continues to remain unauthorized absent from 30.06.1997 to till date.
5. Now, therefore, in exercise of powers conferred under DoPT G.S.R. 261(E) dated 29.3.2012
read with Rule 12(2) of CCS (Leave) Rules, 1972, the President of India is pleased to treat continuous absence of Shri Kulvinder Singh as deemed resignation from service with effect from 30.06.1997.
6. Shri Kulvinder Singh shall not be entitled for any retirement benefits.
a... ]
Under Secretary to the Govt. of India
To
The Manager,
Govt. of India Press
Mayapuri, New Delhi
[Notification No. 02 of 2017, F. No. ADMN/RESIGNATION/10/2/2007/01-DIT(S)]
Copy to:
1. Officer concerned (Through the Pr. Chief Commissioner, New Delhi).
25 PS to Pr. DGIT(S)/ Pr. DGIT( Vigilance)
war” The Web-site Manager, Directorate of Income-tax (Systems), New Delhi.
4. Notification Folder.
[ ]
Under Secretary to the Govt. of India

Source: the department’s scanned file.

← Notification No. 01/2017 [F. No. ADMN/RESIGNATION/10/02/2007/01-DIT(S)  ·  Notification No. 03/2017 [F. No. ADMN/RESIGNATION/10/02/2007/01-DIT(S) →

What a notification is. A notification is made under a power the Act itself gives, and within that power it is law — unlike a circular, which only binds the department. Its reach is the reach of the enabling provision and no wider, and the date it carries decides from when it works.

Source: the Income Tax Department’s own published text — its page for this instrument.