What are the major distinctions between initiating disciplinary proceedings before retirement and those initiated thereafter?
13. What are the major distinctions between initiating disciplinary
proceedings before retirement and those initiated thereafter?
S.No. Initiating proceedings while
in service
Initiating proceedings after retirement
(a) Appropriate disciplinary
authority as prescribed under
CCA Rules, may initiate
proceedings
Initiating proceedings after retirement:
Proceedings can be initiated only with the
approval of the President. Rule 9(b)(i) of
Pension Rules
(b) Disciplinary proceedings can
be initiated against a serving
employee irrespective of the
time of commission of the
misconduct. Although
inordinate delay between the
commission of misconduct
and initiation of proceedings is
questionable, only
unexplained delay will have
the effect of vitiating the
inquiry. Besides, there is no
statutory provision regarding
the period within which the
proceedings are to be
initiated.
Initiating proceedings after retirement:
There is a statutory period of limitation
regarding initiation of post retirement
proceedings/ Rule 9(b)(ii) of Pension
Rules. Post retirement proceedings cannot
be in respect of a misconduct committed
four years before initiation of proceedings.
(c) Respective disciplinary
authority will decide as to
where the proceedings are to
be held
Initiating proceedings after retirement:
Rule 9(b)(iii) of Pension Rules provides that
the proceedings shall be conducted by
such authority and in such place as the
President may direct
(d) Final orders will be issued by
the prescribed disciplinary
authority
Initiating proceedings after retirement:
Final orders are to be issued in the name of
the President.
[G.I., M.F., O.M. No. F. 19 (9)-E. V/66, dated
the 6th June, 1967.]
(e) Consultation with UPSC will
be necessary only in such
cases falling within the ambit
of Article 320(3) (c) of the
Constitution read with Union
Public Service Commission
(Exemption from Consultation)
regulations, 1958
Initiating proceedings after retirement:
Consultation with UPSC is mandatory in all
cases of persons serving under the
Government of India or the Government of
a State in the Civil capacity