CCS Rule 18(2)

Himanshu (Querist) 21 October 2018 This query is : Resolved
Respected all,
I am a central gov employee and recently took a loan of Rs. 30 lakh from bank for purchase of a house property. I will get the posession in march 2019. I want to know should i initmate the department now or at the time of posession of property.

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Isaac Gabriel (Expert) 21 October 2018
As per rules, you ought to have applied for prior permission for purchase showing source . Neverthless, apply for post permission without delay pointing out hte source to purchase. You need to give explanation for having obtained loan from bank.But if you fail to seek permission for purchased assert the department may indict you.

Guest (Expert) 21 October 2018
Mr. Himanshu,

You have referred Rule 18(2) of the CCS (Conduct) Rules, which reveals that you have already gone through the Rules in the CCS (Conduct) Rules, 1964. If you happen to read rule 18 on the issue of acquiring of property, was there any specific reason that you have ignored the provisions of the rule pertaining to the Investment, lending and borrowing by a Government servant?

Irrespective of whether you intimate now or after taking possession of the property, you have already committed a misconduct under Rule 15 of the CCS (Conduct) Rules.

Secondly, if you prefer to wait for taking possession for the purpose of intimation to the authorities, you would be committing another offense by violating the provision of rule 18 also.

So, it is for you to decide, how and when to act as per the provisions of the conduct rules.

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Sudhir Kumar, Advocate (Expert) 21 October 2018
you were required to take permission only if the transaction was with a person wing whom you had official dealings.

However, in other case intimation was to be given within one month of transaction.

You are late.