it will depend upon the rules and regulation of central govt
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 10 years ago in Property Law
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7 Answers
Though it is a breach of service rules but the same is not considered to be so severe as it would entail disciplinary proceeding.
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
The specific rule has been culled out by Mr.Sethi. Since you have breached the same you are amenable to disciplinary action.
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.
Kind Attention : Mr. Krishna Kishore Ganguly Sir, I have retired in 2010 so,i can't mention it in the yearly declaration now.
Asked 10 years ago
since you have already retired it is doubtful whether any disciplinary proceedings would be initiated against you now
Kind Attention : Mr. Ajay Sethi Sir,my only doubt was regarding my pension being withheld as a disciplinary action but in an earlier response to my question(for which i am thankful to you),you ruled out the possibility of that action.
Asked 10 years ago
thanks for your appreciation