• personal property

I received opinions on "whether a land purchased by a central govt. employee after getting into job but not declared in the service book/annual return and there wasn't any kind of profit/use made of that land either, would be considered as an ancestral property?"(the answers were "NO"). Thanks a lot to Mr. Ajay Sethi, Mr. Devajyoti Barman & Mr. Krishna Kishore Ganguly, for your valuable opinions.

Can you please tell me,if law would treat it (not mentioning the asset in service book) as a severe breach of  guidelines laid down for central govt employees? If yes, how severe it could be?
Asked in Property Law from Purnia, Bihar
it will depend upon the rules  and regulation of central govt
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

Though it is a breach of service rules but the same is not considered to be so severe as it would entail disciplinary proceeding.
Devajyoti Barman
Advocate, Kolkata
7265 Answers
82 Consultations

4.9 on 5.0

thanks for your appreciation .


THE ALL INDIA SERVICES (CONDUCT) 
RULES, 1968 


16(3) No member of the Service shall, except with the previous knowledge of 
the Government,— 
 (a) acquire any immovable property by lease, mortgage, purchase, gift 
or otherwise, either in his own name or in the name of any member 
of his family; or 
 (b) dispose of by lease, mortgage, sale gift or otherwise any 
immovable property owned by him or held by him either in his own 
name or in the name of any member of his family: 
Provided that the previous sanction of the Government shall be obtained if any such transaction is with a person having official 
dealings with the member of the Service. 

on account of your failure  to disclose  purchase of immovable property disciplinary action can be taken against you
Ajay Sethi
Advocate, Mumbai
28422 Answers
1542 Consultations

5.0 on 5.0

The specific rule has been culled out by Mr.Sethi. Since you have breached the same you are amenable to disciplinary action.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

1. The said provision in the service rule for disclosing the details of Assets and Liabilities has been made to verify acquring of any property without disclosing source of income,

2. This is to have a check on corruption by the employees,

3. You can add the details of the said property in your next year's Asset & Liability statement giving a brif note as to why was it ommitted in your earlier statements.
Krishna Kishore Ganguly
Advocate, Kolkata
13913 Answers
308 Consultations

5.0 on 5.0

since you have already retired it is doubtful whether any disciplinary proceedings would be initiated against you now
Ajay Sethi
Advocate, Mumbai
28422 Answers
1542 Consultations

5.0 on 5.0

thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
28422 Answers
1542 Consultations

5.0 on 5.0

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