Penalty of removal on procedural lapse


I have been removed from service on the charge that I had not been obtained a status report before registration of a sale deed. As per legal provisions it is not mandatory for a private land, The restriction is applicable onlyon the land which is acquired by the govt. or against which proceedings initiated and notification has been issued by the govt. In my case neither the land is aquired land nor any notification has been issued by the govt. My appeal is pending with the appellate authority. Highly obliged if some supporting circular/references may be provided.

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Ved Prakash 2 years 2 Answers 437 views 1

Answers ( 2 )

  1. Government of India Decisions of movable/immovable of Property:

    (1) Wherever any rule stipulates the obtaining of prior permission from Government in any matter, such prior sanction must invariably be obtained by Government servants before making any move, requests for ex-post-facto sanction to be severely discouraged.

    Attention is invited to the provisions of rule 14(3) (now Rule 16 (4) and 15 (now Rule 18) of the Central Civil Services (Conduct) Rules, 1955, in which it has been stated that Government servants should not lend money to any person possessing land or valuable property within the local limits of their authority or at interest to any person and that they should not acquire or dispose of any immovable/movable property without the previous sanction of the prescribed authority. Instances have come to the notice of the Government where certain Government servants have entered into transactions regarding movable and immovable property without the previous sanction of the prescribed authority and they have afterwards sought ex-post-facto sanction. Such a procedure renders the provisions of the rules completely ineffective and defeats the purpose for which the rules have been framed. The Ministry of Finance etc., are, therefore, requested to impress upon the Government servants concerned the need to adhere to the provisions of the rules strictly and to obtain the sanction of the prescribed authority, wherever necessary, before entering into such transactions.

    2. These instructions will apply, mutatis mutandis, to the provisions of the other rules which require previous knowledge, consent or sanction of the prescribed authority.

    [MHA OM No. 25/25/61-Estt. (A), dated 26.06.1961]


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