Retired Government servants involved in legal proceedings – Provision of legal and financial assistance
(6) Retired Government servants involved in legal proceedings – Provision of legal and financial assistance
Question has been raised whether, and if so, under what circumstances, Government should provide legal and financial assistance to a retired Government servant for the conduct of legal proceedings instituted against him by a private party in respect of matters connected with his official duties or position before his retirement. This has been considered by Government and it has been decided that the provisions contained in paragraph 2 (c) of the Ministry of Home Affairs O.M. No. 45/5/53-Estt. (A) dated 8th January, 1959 (Copy enclosed) should be extended also to retired Government servants. Accordingly, the provisions contained in the aforesaid paragraph, with the exception of the provision regarding grant of advance from Provident Fund, will apply also to Government servants who have retired from service, other than those who have been compulsorily retired from service as a measure of punishment. Further, the amount of interest free advance that may be granted to a retired Government servant will be subject to a maximum limit of Rs. 500/-
2. The form of declaration to be obtained from a retired Government servant when the Government undertakes his defence and the form of Bond to be obtained from him, if advance is granted to cover legal expenses, are enclosed as Annexure ‘A’ and ‘B’ to this Office Memorandum.
3. The provisions regarding consultation with Union Public Service Commission and the authority competent to take decision in each case will be the same as those contained in Ministry of Home Affairs Office Memorandum dated 8th January, 1959.
ANNEXURE A
(here enter description of the proceedings)
The Government of India having been pleased to undertake my defence in the above proceedings, I hereby agree to render such assistance to Government as may be required for my defence and further agree that I shall not hold Government in any way responsible if the proceedings end in a decision adverse to me.
Date…………………….
Signature of the retired Government servant.
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ANNEXURE B
BY THIS BOND I________________________a retired Government servant at present residing at _______________________having taken an advance of Rs.__________________ (Rupees ______________________ only) from the President of India (hereinafter called the "Government") promise and undertake to refund and pay to the Government the said sum of Rs. ___________________ in ______%__________ equal monthly instalment of Rs.________________ payable by the 10th of every month commencing from _______$_________.
2. And I agree that in case I fail to pay any of the above mentioned instalment on due date, the entire balance of the amount then remaining due shall at once become due and payable by me to the Government and if I fail to pay the same within six months from the date on which the balance of the amount thus becomes due for payment, the Government shall have the right to recover the same from me by the due process of Law.
Dated this_____________day of ____________________19 .
(Signature of the retired Government servant)
Accepted.
Witnesses to signature.
1.________________
2.________________
Z (Signature)
(Designation)
for and on behalf of the President of India
* Here give the name and other particulars of retired Government servant including the post held by him before retirement.
% Here mentioned the number of instalments.
$ Here mention the date of commencement of the first instalment.
Z Here mention the designation of the officer who is authorized to execute the bond under article 299(1) of the Constitution.
[DOPT O.M. No. 28022/1/75-Ests.(A) dated 20th January, 1977]