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Officers twist Punjab leave rules to amass wealth abroad
Devinder Pal
Tribune News Service

Chandigarh, August 12
The Punjab Vigilance Bureau has uncovered an ingenious ploy by several senior state government officers who have subverted service and immigration rules to invest their undisclosed wealth in properties abroad and funnel the funds back to India via the NRI route.

Vigilance Bureau sources said they have registered six FIRs against some Class-I officers. Bureau sources said the department would begin inquiries into hundreds of such cases once they receive the go-ahead from the higher-ups.

“The family members of such suspect officers maintain NRI accounts that are flush with remittances from abroad. These came to light when the bureau was investigating cases of disproportionate assets against officers of the Punjab Mandi Board and the Department of irrigation,” a state Vigilance source said.

Over the past several months, the bureau through Vigilance Department has written to various state government wings asking for information in such cases, but its attempts have so far been “stonewalled.”

Investigations by The Tribune reveal that as many as 919 officers/employees have had prolonged stay abroad in violation of civil services conduct rules. Sources, however, say the number of such suspect senior officers could be as high as 2,000, who include IAS, IPS, PPS and PCS officers. They and their families are regular visitors to India from various countries such as Canada, the UK, the US and Australia.

Sources said the most common tool of service rule misuse is through availing of a five-year leave for self-employment. The Punjab Government in 2002 had allowed such a leave, but not for immigration purpose for self-employment. The Department of Personnel and Training (DoPT) has clearly warned that no officer should apply or seek immigration to any country as long he is in government service. “Therefore, the question of issuing an NOC to a government employee who wishes to migrate abroad does not arise,’ says a DoPT letter dated March 1, 2006. Most such employees belong to the education, health and agriculture departments. The Education and PAU alone account for 386 such cases, according to the documents in possession of The Tribune.

The service conduct rules section 18-A clearly say that an employee shall not dispose of by sale, mortgage, gift or grant any lease in respect of movable and immovable property situated outside India which was acquired by him either in his own name or any member of his family. An employee cannot enter into any transaction with any foreigner, foreign government or organisation.

A Vigilance note submitted to the government states that all such employees are taking the government for a ride by submitting false affidavits on conduct rules. The note mentions that all such employees were also in violation of Rule 19 of the Passport Rules, 1980.

Another government decision that has been widely subverted is on the self-employment scheme. This decision enables an employee who has completed eight years of service to avail of a five-year leave to explore self-employment avenues.

The three-page DoPT circular dated May 8, 2002, nowhere mentions that any employee wanting a five-year leave can go abroad. Yet all the NOC and permissions are being given citing this letter.

In a specific case, a Joint Director (crime) of the bureau drew the attention of the government to the case of an agriculture officer who had attained permanent residence (PR) of Canada in violation of rules. 

Suspect employees

PAU (118), GADVASU (22), Health Dept (34), Chief Auditor, Cooperative societies (13), DC offices (26), DEO offices (268), Animal Husbandry and Fisheries (77), Director Finance and Accounts (7), Technical Education (14), Food and Supplies (16), Department of Panchayats (104), Excise and Taxation (14), Govt colleges (21), Horticulture (10), Soil Conservation (20), PWD (25), PUDA (6), Jails (5), Punjab Agro (15), Cooperative Department (18), Mandi Board (11), Punjab Roadways, Nawanshahr, (15) and Punjab Vidhan Sabha (9).

How they do it

  • Officers misuse service rules by availing of a five-year leave for self-employment to go aboard and make money
  • In 2002, Punjab had allowed such leave, but not for immigration purpose for self-employment
  • Investigation suggest at least 919 officers/employees have had prolonged stay abroad in violation of civil services conduct rules
  • They along with their families have been visiting India regularly from countries such as Canada, the UK, the US and Australia

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