Standard forms for proceedings

(5) Standard forms for proceedings. - The following forms have been standardized in consultation with the Ministry of Law :- (i) Order conveying the sanction of the President for taking departmental action against a pensioner under Rule 9 of CCS (Pension) Rules, 1972; and (ii) Memorandum of charges, etc., to be communicated to the pensioner concerned in a departmental action under Rule 9 of CCS (Pension) Rules, 1972. In cases of departmental proceeding against retired Government servants under Rule 9 of CCS (Pension) Rules, 1972, the sanction of the President and the memorandum of charges may be issued in the standard forms. [G.I., M.H.A., O.M. No. 238/4/66-AVD-II, dated the 4th August, 1964.] I STANDARD FORM OF SANCTION UNDER Rule 9 OF THE CENTRAL CIVIL SERVICES (PENSION) RULES, 1972 No............................................................ Government of India Ministry/Department of.............................. ORDER Dated the.................................................. WHEREAS it has been made to appear that Shri.............................................while serving as......................in the Ministry/Department...........................from............................to...............................was (here specify briefly the imputations of misconduct or misbehavior in respect of which it is proposed to institute departmental proceedings): NOW, THEREFORE, in exercise of the powers conferred on him by sub-clause (i) of Clause (b) of subrule (2) of Rule 9 of the Central Civil Services (Pension) Rules, 1972, the President hereby accords sanction to the departmental proceedings against the said Shri .................................... 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp2.htm#Regulation%20of%20claims%20to%20pension%20or%20family%20pension 12/21 The President further directs that the said departmental proceedings shall be conducted in accordance with the procedure laid down in Rules 14 and 15 of the CCS (CCA) Rules, 1965, by ...............................(here specify the authority by whom the departmental proceedings should be conducted) at .......................... (here specify the place at which the departmental proceedings would be conducted). By order and in the name of the President Name and designation of the competent authority* Footnote ; * - To be signed by an officer in the appropriate Ministry/Department authorized under Article 77 (2) of the Constitution to authenticate orders on behalf of the President. No. Copy forwarded to Shri............................................ Copy also forwarded to Shri..................................... II STANDARD FORM OF CHARGE-SHEET FOR PROCEEDINGS UNDER RULE 9 OF THE CENTRAL CIVIL SERVICES (PENSION) RULES, 1972 No........................................................... Government of India Ministry/Department of............................. MEMORANDUM Dated the................................................... In pursuance of the sanction accorded by the President under Rule 9 of the Central Civil Services (Pension) Rules, 1972, for instituting departmental proceedings against Shri..........................., vide Ministry/Department of.............................Order No....................................., dated,.................................it is proposed to hold an inquiry against the said Shri...................... in accordance with the procedure laid down in Rules 14 and 15 of the CCS (CCA) Rules, 1965. The enquiry shall be conducted by...............................(here specify the authority by whom the departmental proceedings are to be conducted in accordance with the Presidential sanction) at ................................ (here specify the name of the place where proceedings are to be conducted). 2. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure I). A statement of the imputations of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure II). A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained are also enclosed (Annexures III and IV). 3. Shri..............................is directed to submit within 10 days of the receipt of this Memorandum a written statement of his defence and also to state whether he desires to be heard in person. 4. He is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He should, therefore, specifically admit or deny each article of charge. 5. Shri.......................................is further informed that if he does not submit his written statement of defence on or before the date specified in para. 3 above, or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of Rules 14 and 15 of the CCS (CCA) 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp2.htm#Regulation%20of%20claims%20to%20pension%20or%20family%20pension 13/21 Rules, 1965, or the orders/directions issued in pursuance of the said Rules the inquiring may hold the inquiry against him ex parte. 6. The receipt of this Memorandum may be acknowledged. By order and in the name of the President Name and designation of competent authority* Footnote ; * - To be signed by an officer in the appropriate Ministry/Department authorized under Article 77 (2) of the Constitution to authenticate orders on behalf of the President. To Shri............................................................................. ................................................................................... ANNEXURE - I Statement of articles of charge framed against Shri......................................................(names of the retired Government servant) formerly....................................... Article - I That the said Shri............................................while functioning as........................................during the period.................... Article - II That during the aforesaid period and while functioning in the aforesaid office, the said Shri.................................... Article - III That during the aforesaid period and while functioning in the aforesaid office, the said Shri.................................. ANNEXURE - II Statement of imputations of misconduct or misbehaviour in support of the articles of charge framed against Shri................... (name of the retired Government servant) formerly...................................... Article - I Article - II Article - III ANNEXURE - III List of documents by which the articles of charge framed against Shri.........................................(name of retired Government servant) formerly...............................are proposed to be sustained. ANNEXURE - IV 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp2.htm#Regulation%20of%20claims%20to%20pension%20or%20family%20pension 14/21 List of Witnesses by whom the articles of charge framed against Shri............................... (name of the retired Government servant) formerly........................................are proposed to be sustained.