177. Knowledge Spectrum – Discipline – POST RETIREMENT PROCEEDINGS 94
291. What are the circumstances under which the powers under Rule 9 of the CCS (Pension) Rules can be invoked?
Powers under Rule 9 can be invoked "if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service, including service rendered upon re-employment after retirement"
292. What the scope regarding the quantum of reduction of pension under Rule 9 of the Pension Rules?
Second proviso to Rule 9(1) of the Pension Rules provides that where a part of pension is withheld or withdrawn the amount of such pensions shall not be reduced below the amount of rupees three thousand five hundred per mensem.
293. What are the major distinctions between initiating proceedings before retirement and those initiated thereafter?
Initiating proceedings while Initiating proceedings after retirement in service
(a) Appropriate disciplinary Proceedings can be initiated only with the authority as prescribed under approval of the President. Rule 9(b)(i) of CCA Rules, may initiate Pension Rules proceedings
(b) Disciplinary proceedings can There is a statutory period of limitation be initiated against a serving regarding initiation of post retirement employee irrespective of the proceedings/ Rule 9(b)(ii) of Pension time of commission of the Rules. Post retirement proceedings cannot misconduct.
© Although be in respect of a misconduct committed inordinate delay between the four years before initiation of proceedings. commission of misconduct and initiation of proceedings is questionable,
only unexplained delay will have the effect of vitiating the inquiry. Besides, there is no statutory provision regarding the period within which the proceedings are to be initiated.
(d) Respective disciplinary Rule 9(b)(iii) of Pension Rules provides that authority will decide as to the proceedings shall be conducted by where the proceedings are to such authority and in such place as the be held
Final orders will be issued by Final orders are to be issued in the name of the prescribed disciplinary the President. authority
[G.I., M.F., O.M. No. F. 19 (9)-E. V/66, dated the 6th June, 1967.]
(e) Consultation with UPSC will Consultation with UPSC is mandatory in all be necessary only in such cases of persons serving under the cases falling within the ambit Government of India or the Government of of Article 320(3) (c) of the a State in the Civil capacity Constitution read with Union Public Service Commission (Exemption from Consultation) regulations, 1958.
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