Government officials are reminded of strict policies regarding overstaying approved tenures on foreign assignments. Exceeding deputation periods without proper approval can lead to disciplinary action, loss of pension benefits for the overstayed period, deferral of increments, and potential initiation of proceedings for deemed resignation. Cadre Controlling Authorities are urged to ensure adherence to these rules and to make officers aware of the consequences before they depart for foreign assignments. Officers are also required to report back to their parent cadre immediately after their approved tenure ends.
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D.O. No. 12/16/2016- FA(UN)
Dated, the $27^{\text {th }}$ April, 2016
Dear ChiefSecretary/Secretary,
This is with regard to officers overstaying beyond their approved tenures while deputed on foreign assignments. A number of such instances have come to notice. This trend needs to be discouraged by ensuring strict action against errant officers as per extant policy.
2. The maximum admissible tenure on deputation under Rule 6(2)(ii) of AIS (Cadre) Rules and under Para 3 of the Consolidated Deputation Guidelines (CDG) for Group ‘A’ Services have been clearly specified. Furthermore DoP\&T’s OM No.AB-14017/30/2008-Estt(RR) dated 29/11/2006 and OM No.6/8/2009-Estt.(Pay-II) dated 01/03/2011, clearly specify that:-
“deputationist officer is deemed to have been relieved on the date of expiry of the deputation period unless the competent authority has with requisite approvals, extended the period of deputation, in writing, prior to its date of expiry. In the event of officer overstaying for any reason whatsoever, he/she is liable for disciplinary action and other adverse Civil/Service consequences which would include the period of overstay not being counted for service for the purpose of pension and that any increment due during the period of overstay being deferred with cumulative effect, till the date on which the officer rejoins in his parent cadre. Proceedings for deemed resignation from service may also be initiated “.
It may also be noted that under Rule 7(2) of the AIS (Leave) Rules 1955 and instructions issued vide letter No. 11019/95/2015-AIS-III dated 03/11/2015 State Governments shall initiate proceedings for deemed resignation if the Member of Service does not return from foreign assignment within one month after completion of the approved tenure and forward a proposal to the concerned cadre controlling authority i.e. DoPT for IAS; MHA for IPS and MoEF\&CC for IFoS officers for taking further action on the issue.
3. Cadre Controlling Authorities are once again impressed upon to ensure that extant provisions in this matter are strictly followed and that the officers are made aware of the implications of overstay before they are relieved for taking up their foreign assignments. Cadre Controlling Authorities are further advised to make sure that officers do not continue on foreign assignment beyond the approved tenure and that they report back to their Cadre immediately after completion of approved tenure.
With regards,
Yours sincerely,
(Pradeep K. Sinha)
To
- Chief Secretaries, all State Governments/UTs.
- All Secretaries to the Government of India
(By name)
Copy for information to:
(i) Prime Minister’s Office (Shri V. Sheshadri, Director), South Block, N.D. w.r.t. their ID No. 4316439/PMO/2015-Pol. Dated 01.02.2016
(ii) Cabinet Secretariat (Shri M. Devaraj, Joint Secretary), Rashtrapati Bhavan, New Delhi
(iii) PSO to Secretary (P)/PPS to EO&AS
(iv) All Additional Secretaries/Joint Secretaries in DoP&T
(v) Director (AIS)/Director (Services)/Director (Estt-I)/Director (Estt-II)/Director (AVD)
(vi) All Dir/DS/US/SOs in EO Division
(vii) NIC for posting on the official web site of DoP&T
(viii) Guard file
(Jagannath Srinivasan)
Deputy Secretary (MM)