Granting of leave from department for hearing in cbi court

how are you connected.

The individual is now posted in my office as my junior.. though I am the leave sanctioning authority of this office however for his case as he is under CBI trial therfoer his leave sanctioned only by higher authority and required to send regularly to departmental head through proper channel..

nothing prevented you to presen these facts earlier.

If you are leave sacntioning authority (as you said) Ther eis no rule that leve for attending trial at CBI court will be sanctioned by higher authroity.

Goven facts indicate that your department (including you) are unnecessarily harassing the person and are trying to prevent him from attending hearing (which includes discussion with his lawyer as well).

You do not seem to realise that :-

1. if he misses any date then his bail is liable to be cancelled.
2. non-grant of leave (without sufficient casue) amounts to denial of right to oppporuinity and this will be veryhandy to him to challange his conviction.

You are still facing one practical prblem which you have not shared.  SO no solution can be given.

Sorry for late reply sir..

Though I am leave sanctioned authority of my office only ( as per delegation of power) here in this case department issue instruction that in case of an official charged under any criminal case and under trial , his leave will be sanctioned by APPOINTING AUTHORITY only as per CCS conduct rule and therefore all the leave of that person routed through proper channel to the controller concern for sanction..

Now in this case I want to know sir whether any clear authority exist where it clearly said that when appointing authority delay in sanctioning the leave of an alleged person invloved in any criminal cases and under trial he may permit station leave without receipt  of sanctioned leave from higher authority or not ? if yes, then what is the actual authority.

Personally though I believe there is some sort of harrassment involved in sanctionining of his leave from higher authoirty ( as for each date of his trial I send his leave with recommendation at least 1 month earlier & after that regular telephonic update also asked for but almost every time the leave post sanctioned) but as this is an instruction issued from controller office/appointing authority so I also have some restriction. Now In ths case they asked how I release the individual without sanctioned leave ( though leave recommended and forwarded almost 1 & half month earlier) . so I need the specific authority.