[G.O.Rt.No.1034, Fin. & Plg., (FW-PEN.I), Dt:9-6-2000]
(I) Where court
directed to dispose off the disciplinary case within a specified time period.
(II) Where charges are dropped and interest on pensionary benefits is claimed.
2. In respect of item (I) where in the disciplinary cases which are pending at the time of retirement and not concluded for a longer period or many years, the courts are directing to conclude such cases within a specified period i.e., say within 2 or 3 months etc., but the departments are not concluding within the specified period. As a result, the final orders issued in such cases imposing either recovery or cut in pension are being dismissed by the courts since it was not concluded within the stipulated period as directed by the courts. As such, ultimately, the accused is being escaped from the punishment due to administrative delay.
3. In the above circumstances, Government hereby order that the disciplinary cases against the retired Government servant shall be concluded as quickly as possible. If court directs to conclude the same within a specified period, it should be concluded within the said period only. If not, time may be obtained from the court to conclude the same. In such a case, final orders issued after the period specified by the courts and the court dismisses such final order due to non-conclusion of the same within time specified by them, action against the concerned persons shall be taken for not taking prompt action within the time and loss caused if any, thereto to the Government in such cases shall be recovered from the concerned.
4. In respect of item (II) wherein the disciplinary cases which are pending at the time of retirement of the Government servant and subsequently further action was dropped, the individual is eligible for interest on retirement Gratuity from the date of issue of final orders thereon. In many cases, where charges and further action was dropped after retirement, the charged officers are requesting for interest from the date of retirement, but not from the date of final orders since charges are dropped.
5. In the above circumstances, Government hereby
order that if the department decides to drop the charges, they shall take a
decision as quickly as possible and they should draft the order carefully duly
indicting that the individual shall be eligible for interest subject to the
conditions specified under sub-rule (1A) of Rule 46 of the Andhra Pradesh
Revised Pension Rules, 1980, from the date of final orders only. For this purpose,
the following lines are prescribed for guidance in respect of the orders
proposed to be issued in this regard.
“In the circumstances stated
above, the Government have taken a lenient view and further action is hereby
dropped. The individual is eligible for terminal benefits due to him from the
date of issue of these orders”.
