Disciplinary authority who instituted proceedings can drop them without submitting its findings to the President.

(7) Disciplinary authority who instituted proceedings can drop them without submitting its findings to the President. - Under Rule 9 (2) (a) of CCS(Pension Rules), 1972, the disciplinary proceedings instituted against an official during the course of his service automatically becomes Presidential proceedings after retirement of the official and the disciplinary authority, if it is subordinate to the President, is required to submit a report recording its findings to the President. A question has been raised whether the disciplinary authority which instituted the proceedings against the official before his retirement, can drop the proceedings itself after superannuation of the official without submitting its findings to the President, if it, on the basis of the defence of the official or the report of the inquiring authority, comes to the conclusion, to drop such proceedings. The issue was examined in consultation with the Department of Personnel who have advised that if the disciplinary authority comes to the conclusion that action under Rule 9 of the Pension Rules, is not justified and that the proceedings should be dropped, it would be within the competence of the disciplinary authority to drop the proceedings, since the proceedings have been instituted by that authority. In such cases, therefore, there is no need to submit a report regarding the findings of the disciplinary authority to the President. [D.G., P. & T., Letter No. 13/6/83-Vig. III, dated the 28th February, 1984.]