1000 TIT BITS ON DISCIPLINE -96
341. Voluntary retirement during suspension
A GS under suspension can retire voluntarily only with the prior approval of the competent authority, that is, the authority which has the power to make substantive appointment to the post from which the GS wants to retire.
342. Provisional pension on superannuation and withholding other retirement dues
If a GS under suspension attains the age of superannuation, he should be provisionally pensioned off. He will be paid only provisional pension. No retirement gratuity will be paid to him until the conclusion of the proceedings against him. The competent authority may also withhold whole or part of cash equivalent of earned leave, if there is likelihood of some money becoming recoverable on conclusion of the proceedings.
343. If one died during suspension, the entire period of suspension will be treated as duty
When a GS under suspension dies, the period between the date of suspension and the date of death will be treated as duty for all purposes as laid down in FR 54-B(2).
344. Promotions during the period of suspension – treatment thereof
A GS under suspension or facing a disciplinary case or criminal case, will be considered for promotion by the DPC. But the assessment and recommendation of the DPC will be kept in a sealed cover. On conclusion of the disciplinary proceeding or criminal prosecution, the sealed cover will be opened. If the GS has been exonerated, and the DPC has recommended his promotion, he will be promoted, even after reverting his juniors, if necessary. His promotion will be notional, with reference to the date of promotion of his junior. The Appointing authority will decide the question of arrears of pay and allowances between the period of his notional promotion and actual promotion. If the disciplinary proceedings have resulted in the imposition of any penalty including censure, the recommendation of the DPC will be ignored.
345. Retrospective revision of subsistence allowance
Generally, an order revising the subsistence allowance of a GS is implemented with immediate effect. However, the competent authority can give retrospective effect to the order, after recording reasons in writing.
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