making entry in service book regarding forfeiture of past service.

(1) Opportunity of representation to be given to Government servant before making entry in service book regarding forfeiture of past service. - FR 17-A provides that a period of an unauthorized absence, in the category of cases mentioned therein, shall be deemed to cause an interruption or break in the service off the employee, unless otherwise decided by the competent authority for certain purposes. An order passed by the P & T authorities in the case of some of their employees invoking FR 17-A was struck down by the Lucknow Bench of Allahabad High Court on the ground that issue of such an order without giving a reasonable opportunity of representation and being heard in person, if so desired, to the person concerned, would be against the principle of natural justice. In this Department's OM of even number, dated 20/23-5-1985 [Order No.(2) below ], it was accordingly brought to the notice of all Ministries/Departments that an order under FR 17-A, etc., should be preceded by extending to the person concerned a reasonable opportunity of representation and being heard in person, if so desired by him/her. 2. The Committee on Subordinate Legislation of Rajya Sabha which examined the provision of Rule 28 of the CCS (Pension) Rules, 1972, has recommended that opportunity of representation should be given to the Government employee before making entry in the Service Book regarding forfeiture of past service because of his participation in strike. While giving evidence before it, the Committee has been assured that the provisions of this Department's OM of even number, dated 20/23-5-1985, will be strictly adhered to in each and every case falling within the scope of Clause (b) of Rule 28 of the CCS (Pension) Rules, 1972. 3. These instructions are, therefore, brought to the notice of the various Ministries/Departments of the Government of India for careful compliance. [G.I., Dept. of Per. & Trg., O.M. No. 33011/2(S)/84-Estt. (B), dated the 10th March, 1988.