Reply from Circle Office
Letter of CS to CPMG on Circle Office reply
No.AIAIPASP/Corr-1/39/2014
23/12/2014
To
Shri Tilak De, IPoS
Chief
Postmaster General
Odisha Circle
Bhubaneswar-751001
Sub:- Submission of declaration of assets and
liabilities by the public servant.
Respected
Sir,
A kind reference is
invited to Circle Office Letters No. Vig/3-2/2014 dated 10/11/2014 wherein two IP/ASP and two PS
Group-B Officers were asked to submit assets/property returns within 10 days,
Association Letter No.
AIAIPASP/Corr-1/35/2014 dated 26-11-2014 and Circle Office reply to the
Association vide No. Vig/3-2/2014 dated
17/12/2014.
This Association is aware
that Rule 18(4) of CCS (Conduct) Rules, 1964 bestows power to the Government or
the prescribed authority to direct a Government Servant to furnish a full and
complete statement of such movable or immovable property held or acquired by
him/her or on his/her behalf or by any member of his family including the
details of the means by which, or the source from which, property was acquired.
In the above case the
officers were directed to furnish the statement in the forms which were
notified vide Govt. notification on Public Servants (Furnishing of Information
and Annual Return of Assets and Liabilities and limits for exemption of Assets
in Filing Returns) Rules, 2014 under the Lokpal and Lokayukts Act, 2013 dated
14/07/2014.
Concerns and apprehensions
were raised by several Ministries / Departments, Organizations and other
stakeholders, inter alia, about the complexity involved in furnishing the
desired details in the forms prescribed under the Rules. Accordingly, the
Government of India vide its order dated 28/08/2014, constituted a committee to simplify the forms
and process in which public servants shall make declaration of assets and
liabilities. The said committee has submitted its First Report on 01/10/2014,
recommending simplified formats for declaration of movable property and for
declaration of debts and other liabilities by Public Servants.
Further as per Department
of Personnel and Training notification dated 8-9-2014 the last date for filing
revised declaration/annual returns has been extended to 31/12/2014 basing on
the amendment to Lokpal and Lokayukta ( Removal of Difficulties) Order, 2014.
In this connection press
release dated 3/12/2014 of Press Information Bureau regarding reply of Minister
of State for Personnel, Public Grievances & Pensions in the Lok Sabha is
attached for reference.
In this matter, formal
amendment to the Central Civil Services (Conduct) Rules, 1964 is yet to be made.
Calling for
assets/property in the forms for which a committee is set up to simplify the
forms and process, and to enforce to submit the same within 10 days which is prior
to date fixed by the Government through amendment to Lokpal and Lokayukta
(Removal of Difficulties) Order, 2014 is undoubtedly overreach of law. Even if
some additional information were also sought for in the CO letter dated
10/11/2014 which are coming neither under Rule 18(4) of CCS (Conduct) Rules,
1964 nor under Public Servants (Furnishing of Information and Annual Return of
Assets and Liabilities and limits for exemption of Assets in Filing Returns)
Rules, 2014 under the Lokpal and Lokayukts Act.
This is an undue
“harassment” to the concerned Officers.
Using
of the forms which are under revision/simplification and seeking of additional
information outside Rule
18(4) of CCS (Conduct) Rules, 1964 is
disagreeable.
With
profound regards,
Yours sincerely,
(Pitabasa Jena)
Circle
Secretary
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