Voluntary Retirement Application of Commissioner Rejected for not Stating Rule
A Principal Commissioner of Income Tax by his letter dated 11.07.2016 submitted a notice seeking voluntary retirement from Government Service. This was forwarded by the Principal CCIT to the Board in his undated letter. This was received in the Board on 09.08.2016. Maybe he should have retired on 10.10.2016 on which date, the CBDT communicated to him that the President of India is pleased to reject his voluntary retirement as the notice given by him is defective inasmuch as he has not indicated the Rule under which he is seeking voluntary retirement !
A Government Servant is covered under various Rules in respect of Voluntary retirement.
As per Fundamental Rule (FR) 56(k), Group A and B officers who have entered service before 35 years of age and attained 50 years of age, can retire on a notice of three months.
As per Rule 48(1)(a), a government servant with a service of 30 years can seek voluntary retirement.
As per Rule 48(A), a Government with a service of 20 years can seek voluntary retirement.
The CBEC had in May 2016 issued detailed guidelines along with a form for voluntary retirement. () and one of the fields to be filled up is the Rule under which VRS is sought.
In this case the application for VRS was from a senior officer of the rank of PC. The application was scrutinised by a Principal CC and the Board and is rejected at the end of the notice period. At any stage, it could have been corrected. It is doubtful whether all the officers who have taken VRS so far have mentioned the correct rule or for that matter any rule under which they sought VRS.
Government is government even for a babu!