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

(23) Requirement of taking prior permission by Government servants for leaving station/headquarters – clarification regarding

Doubts have been expressed by Ministries/Departments as to whether a Government servant is required to take permission before leaving station/headquarters during leave or otherwise, especially for visits abroad.

2. Attention of the Ministries/Departments is invited in this connection to the provisions of FR 11 which provides that ‘unless in any case it be otherwise distinctly provided the whole time of a Government servant is at the disposal of the Government which pays him….’ Article 56 of the Civil Service Regulations also provides that ‘no officer is entitled to pay and allowance for any time he may spend beyond the limits of his charge without authority.’ It is implicit in these provisions that a Government servant is required to take permission for leaving station/headquarters. It is thus clear that such permission is essential before a Government servant leaves his station or headquarters and more so when he proposes to go abroad during such absence, as such visit may have wider implications.

3. However, separate permission may not be necessary where a Government servant has indicated his intention of leaving headquarters/station alongwith leave address while applying for leave. The leave application form prescribed under the CCS (Leave) Rules, 1972 contains necessary columns in this regard. In case the leave applied for the purpose of visiting foreign country is sanctioned, it would imply that permission for going abroad is also granted and therefore leave sanctioning authorities should keep this aspect in mind while granting the leave applied for. In the case of officers who are competent to sanction leave for themselves they should obtain permission for leaving station from their superior authority. Failure to obtain permission of competent authority before leaving station/headquarters especially for foreign visits is to be viewed seriously and may entail disciplinary action.

[DOPT OM No. 11013/7/94-Estt.(A), dated 18.05.1994]

(23A) Requirement of taking prior permission by Government servants for leaving station/headquarters – Clarification regarding.

Reference is invited to Department’s OM No. 11013/7/94-Estt. (A) dated 18th May, 1994 (decision No. 23) on the subject mentioned above in which it has inter-alia been clarified that separate permission may not be necessary where a Government servant has indicated his intention of leaving headquarters/station alongwith leave address while applying for leave. It has also been clarified that in case leave applied for the purpose of visiting foreign country is sanctioned, it would imply that permission for going abroad is also granted and, therefore, leave sanctioning authority should keep this aspect in mind while granting the leave applied for.

2. The above instructions have been reviewed and it has been decided that while granting leave the sanctioning authority shall take prior approval, if required, for permitting the officer to go abroad as per the existing instructions.

[DOPT OM No. 11013/8/2000-Estt.(A), dated 07.11.2000]

(23B) Requirement of taking prior permission by Government servants for leaving station/headquarters – Clarification regarding.

Reference is invited 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 permissions 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). 

PROFORMA

(See O.M. No. 11013/7/2004-Estt.(A) dated 5th October, 2004)

7.  Details of  previous private foreign travel,  if any 
undertaken during the last one year (as under item No. 6)

Name  :

Designation :

Date  :

[DOPT OM No. 11013/7/2004-Estt.(A), dated 05.10.2004]

(23C)  Requirement of taking prior permission by Government servants for leaving station/headquarters – Clarification regarding.

Reference is invited to this Department’s O.M. dated 5th October, 2004 (decision No. 23B) under which a proforma has been prescribed for the Government servants to furnish details of the private foreign travel proposed as well as undertaken during the last one year by them.  The High Court of Delhi during further hearing in respect of direction given in W.P. (Crl.) No. 1004/2003 (Chandra Kumar Jain Vs. Union of India) observed on 17.11.2004 that it would be advisable for the Department of Personnel & Training, to amend the proforma published with the Office Memorandum dated 5th October, 2004 so as to obtain details of previous private foreign travel, if any, undertaken by the Central Government employees during the last four to five years.

2. The matter has been considered and it has been decided that in the entries against serial number 7 of the proforma prescribed under the O.M. dated 5th October, 2004, the words “last one year” may be substituted by the words “last four years”.  A revised proforma is enclosed.

3. Ministry of Finance etc. are requested to bring the contents of the Office Memorandum dated 5th October, 2004 as well as this Office Memorandum to the notice of all Government servants serving under their control and ensure that these are strictly followed by all concerned.

PROFORMA

(See O.M. No. 11013/7/2004-Estt.(A) dated 5th Oct, 2004 and dated 15th Dec, 2004)

7.  Details of  previous private foreign travel,  if any
undertaken during the last four years (as under item No. 6)

Name  :

Designation :

Date  :

[DOPT OM No. 11013/7/2004-Estt.(A), dated 15.12.2004]”