GA SMT DEVIATED FROM CLRNC ROUTE. TURNED BACK TOWARD DEP ARPT WITHOUT CLRNC. MINOR OIL LEAK WAS REASON FOR RETURN.

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AFTER DEPARTING BUR ON AN IFR FLT PLAN TO SFO I WAS HANDED OFF TO MAGU APCH AND CLRED DIRECT FIM VOR. WHILE CRUISING AT 8000' MSL A PAX NOTED OIL COMING OUT OF THE TOP SIDE OF THE RIGHT ENG COWLING. UPON LOOKING AND OBSERVING THE OIL I IMMEDIATELY CONTACTED ATC AND ADVISED THEM OF THE PROB AND THAT I WOULD BE RETURNING TO BUR. ATC ACKNOWLEDGED MY XMISSION AND AFTER VISUALLY CLRING THE AIRSPACE (VFR CONDITIONS 50 MI VIS) I INITIATED A TURN TO THE RIGHT TOWARD BUR. AFTER A MINUTE ATC CALLED AND ASKED IF I HAD STARTED A TURN. I ADVISED I HAD AND AGAIN THAT I NEEDED TO RETURN TO BUR AT WHICH TIME ATC SCOLDED ME FOR TURNING W/O RECEIVING A CLRNC. HE SAID THAT HE COULD HAVE HAD CONFLICTING TFC AND I SHOULDN'T HAVE TURNED W/O A CLRNC. HE THEN TOLD ME TO MAINTAIN VFR AND ASSIGNED A HDG TOWARD BUR. WE RETURNED TO BUR W/O FURTHER INCIDENT. AFTER LNDG AND INSPECTING THE ACFT IT APPEARED THE DIP STICK TO THE RIGHT ENG WAS NOT COMPLETELY IN THE INDENT POS WHICH ALLOWED OIL TO BE PUSHED OUT WHILE RUNNING. THE DIP STICK LACKED ABOUT 1/8' TO BE IN THE FULLY IN POS AND COULD NOT HAVE BEEN VISUALLY CHKED WHEN PUT IN; BUT ONLY BY FEEL CAN YOU TELL THAT IT HAS LOCKED IN. DURING PREFLT THE PLT SHOULD INSPECT THE DIP STICK POS ANY TIME AFTER LINE PERSONNEL HAVE FUELED THE ACFT.