Read the following:
-
1. G.O.Ms.No.322 Finance
(Pension.I) Dept., dt. 15-12- 1965.
2. From the Government of
India, Ministry of Finance (Department of Expenditure) Office Memorandum
No.F.19(9)-E.V./66 dt. 6-6-1967.
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ORDER:
Recorded.
2. The Government of India's
decision in their Office Memorandum cited shall apply to Government Servants
under the rule making control of this Government also.
3. The orders issued in the
G.O. cited are hereby cancelled. Copy of Office Memorandum No.F.19(9)-E.V./66
dt. 6-6- 1967 from the Government of India, Ministry of Finance, Department of
Expenditure, New Delhi, addressed to all Ministries of the Government of India,
Sub: -
withholding and withdrawal of pension under Article 351-A, C.S.R.
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According
to proviso (a) of Article 351-A, CSRs, departmental proceedings, if instituted
while the officer was in service, whether before his retirement or during his
re-employment shall, after the final retirement of officer, be deemed to be
proceedings under the said article and shall be contained and concluded by the
authority by which it was commenced in the same manner as if the officer had
continued in service. A question has been raised whether in the case of an
officer whose case falls within the purview of the aforesaid proviso and
proceedings against whom were instituted by an authority subordinate to the
President, order for withdrawal/ withholding of pension can be passed by the
subordinate authority on the conclusion of the proceeding, or that authority
should refer the case to the President for final orders. The matter has been
considered in consultation with the Ministry of Home Affairs and the Law
Ministry and the undersigned is directed to clarify that the function of the
Disciplinary authority is only to reach a finding on the charges and to submit
a report recording its findings to the Government. It is then for the
Government to consider the find1ngs and take a final decision under Article
351-A, C.S.Rs. In case Government decide to take action under Article 351-A,
C.S.Rs., in the light of the findings of the Disciplinary authority, the
Government will serve the person concerned with a show-cause notice specifying
the action proposed to be taken under Article 351-A, C.S.Rs., and the person
concerned will be required to submit his reply to the show-cause notice within
such time as may be specified by the Government. The Government will consider
the reply and consult the Union Public Service Commission. If as a result of such
consideration in consultation with the Commission, it is decided to pass an
order under Article 351-A, C.S.Rs., necessary orders will be issued in the name
of the President.
2. The procedure outlined in
the preceding paragraph in regard to the issue of show-cause notice will also
apply to a case where the President functions as the Disciplinary authority.
3. This Ministry's Office
Memorandum No.F.17(2)-E.V(B)/ 64 dt.2-4-1964 and 30-10-1965 may be treated as
cancelled.
4. In their application to
the persons serving in the Indian Audit and Accounts Department, those orders
have been issued after consultation with the Comptroller and Auditor General.
OPEN - CCA Rules - References (open)
