Delay in submissions of proposals for instituting disciplinary proceedings under Rule 9 of the CCS (Pension), Rules, 1972: Department of Posts
File No. VIG-14/1/2021-vigilance-DOP
Government of India
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg
New Delhi- 110 001
Dated: 16th June, 2021
All Heads of Circles
Sub: Delay in submissions of proposals for instituting disciplinary proceedings under Rule 9 of the CCS (Pension), Rules, 1972.
It has been noticed in some cases that due care is not being taken by the Circles in timely processing of the cases for instituting disciplinary proceedings under Rule 9 of the CCS (Pension) Rules, 1972 and the proposals are submitted to the Directorate at the eleventh hour, just before completion of the crucial time limit of four years from the date of event, for instituting such proceedings. Recently, a proposal for instituting proceedings under Rule 9 against a retired officer was received from a Circle just a week before the deadline of four years of the relevant event. On examination, it was noticed that there was inordinate delay in handling of the case at all levels in the Circle. The CLI of the fraud case, 1n which the said officer was identified as subsidiary offender, was also not found duly carried out. While submitting the proposal, the lapses on the part of the retired officer were found not to have been examined properly. Moreover, there were no findings/recommendations of the CPMG as to whether the lapses on the part of the retired officer constituted ‘grave misconduct’ or otherwise.
Needless to mention that timely submission of such proposals with complete facts and relevant documents by the Circles 1s essential as sanction of the President is required to be obtained before instituting proceedings under Rule 9 of the CCS (Pension) Rules, 1972. Before submission of the proposal, the lapses on the part of the retired officer need to be examined very carefully and a specific findings of the Disciplinary Authority (DA) and HoC with regard to gravity of misconduct are mandatory. The cases, in which the lapses of relatively insignificant procedural nature are involved, which otherwise would have justified initiation of minor penalty proceedings only, had the officer been in service, would not amount to ‘grave misconduct’.
In view of the above, the undersigned is directed to request that in future any such proposals must be sent to the Directorate at least three months prior to expiry of the crucial date of four years from the date of relevant event, with all relevant details/documents and specific recommendations of the DA and HoC after proper examination of the lapses on the File No.VIG-14/1/2021-vigilance-DOP part of the retired officer/ official. If any such proceeding becomes time barred due to delay on the part of the Circles on above accounts or submission of incomplete proposal without proper recommendations and examination of lapses, as referred above, responsibility thereof would solely lie on the concerned Circles.
The above instructions may be brought to the notice of all concerned in the Circle for strict compliance.
This issues with the approval of Secretary (Posts).
Assistant Director General (Vigilance-I)
i) DDG (VP), Department of Posts, Dak Bhawan, New Delhi — for information.
li) Deputy Director, CEPT, Mysore – for uploading instructions on the website.
9. Right of President to withhold or withdraw pension
1[(1) The President reserves to himself the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, 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 :
Footnote : 1. Substituted by G.I., Dept. of P. & P.W., Notification No. 7/14/90-P. & P.W. (F), dated the 23rd August, 1991, published as S.O. No. 2287 in the Gazette of India, dated the 7th September, 1991.
Provided that the Union Public Service Commission shall be consulted before any final orders are passed :
Provided further 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 hundred and seventy-five per mensem.]
|(2)||(a)||The departmental proceedings referred to in sub-rule (1), if instituted while the Government servant was in service whether before his retirement or during his re-employment, shall, after the final retirement of the Government servant, be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service :|
Provided that where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President.
|(b)||The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement, or during his re-employment, –|
|(i)||shall not be instituted save with the sanction of the President,|
|(ii)||shall not be in respect of any event which took place more than four years before such institution, and|
|(iii)||shall be conducted by such authority and in such place as the President may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service.|
Footnote : 1. Deleted by G.I., Dept. of P. & P.W., Notification No. 38/189/88-P. & P.W. (F), dated the 4th February, 1992, published as G.S.R. 55 in the Gazette of India, dated the 15th February, 1992.
(4) In the case of Government servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under sub-rule (2), a provisional pension as provided in 2[Rule 69] shall be sanctioned.
Footnote : 2. Substituted by G.I., Dept. of Per. & A.R., Notification No. 6(1), Pen. (A)/79, dated the 19th May, 1980.
(5) Where the President decides not to withhold or withdraw pension but orders recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension admissible on the date of retirement of a Government servant.
(6) For the purpose of this rule, –
|(a)||departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from an earlier date, on such date ; and|
|(b)||judicial proceedings shall be deemed to be instituted –|
|(i)||in the case of criminal proceedings, on the date on which the complaint or report of a police officer, of which the Magistrate takes cognizance, is made, and|
|(ii)||in the case of civil proceedings, on the date the plaint is presented in the court.|