Published On: Mon, Jan 18th, 2016

Finmin sacks IRS officer for absenting from duty for over 5 yrs

New Delhi: A senior IRS officer of the Income Tax department has been sacked by the Finance Ministry for allegedly being on “continuous leave” in an unauthorised manner for over five years.

Revenue Secretary Hasmukh Adhia

Revenue Secretary Hasmukh Adhia

The case pertains to 1982-batch Indian Revenue Service (IRS) officer Ritu Kakkar who was last posted as a Commissioner of Income Tax in Kolkata in 2004, an order she never complied to and remained on “unauthorised absence from duty for a continuous period exceeding five years.”

According to the termination from service notification issued by the Central Board of Direct Taxes (CBDT), Kakkar’s “continuous absence” has been treated as “deemed resignation from the IRS with immediate effect.”

“The officer will not be entitled for any retirement benefits,” the order issued by the CBDT on January 14 against the Delhi-based officer said.

The notification said Kakkar was granted a study leave of two years between 2002-2004 and after her return when she “failed to comply with her posting order” to Kolkata, action was initiated by the government and a notice was issued to her in 2007.

It said the said notice could not reach its “logical end” because the officer did not respond to it.

“Kakkar subsequently tendered a notice dated June 21, 2007 for Voluntary Retirement Scheme which was, however, not been found as per relevant rule of VRS as Ms Kakkar had only 19 years and 5 months qualifying service till the date of proceeding on study leave.

“Since, leave is not a matter of right, leave applied for by Ms Kakkar for conversion of study leave into regular leave could not be considered,” it said.

The order cited DoPT rules governing these issues and cited Rule 12 (2) of CCS (Leave) Rules, 1972 which states that a government servant who remains absent from duty for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned from the government service provided that a reasonable opportunity to explain the reasons for such absence be given to that government servant before provisions of sub-rule (2) are invoked.

It added that the said officer was contacted over phone by the office of the cadre controlling Chief Commissioner of Income Tax in Kolkata last year to obtain her side of the story and she informed them that she had “decided to put in her papers and filed VRS.”

“This can be treated as opportunity provided to her,” it said in the notification declaring her termination from government service and the IRS.


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