a) If an employee retires while proceedings are continuing, then the proceedings will be deemed to be continuing under Rule 9 of Railway Services (Pension) Rules 1993. The proceedings should be continued even after retirement in the same manner as if the employee is in service and the Disciplinary Authority should record his decision and instead of imposing a penalty, should give specific recommendations on whether a cut in the pensionary benefits is warranted or not.
If, however, a cut in the pensionary
benefits is recommended by the Disciplinary Authority, then the approval of the
President is required before an order imposing a cut in the pensionary benefits
is issued. The specific recommendations of the concerned PHOD and CPO should
also be obtained before the case goes for President's consideration. The
President is also required to consult the UPSC before he passes such an order.
If a person is suspended before his retirement
but no chargesheet has been issued till his retirement, even then it would be
treated as a case where departmental proceedings have already been instituted
before the retirement and such cases should also be dealt with in the same
manner as explained above.
b) If, on the date of retirement of an employee, he is neither
suspended nor a chargesheet issued to him, then proceedings against him can be
instituted only with President's approval. In such cases, the chargesheet is
issued on behalf of the President and it cannot be issued in respect of any
offence which had taken place more than 4 years before issue of the charge
sheet.
If the employee is under suspension is under suspension at the time
of retirement, for the purpose of continuing the proceedings under Rule 9 of
RS(Pension) Rules, the proceedings shall be deemed to have commenced from the
date of suspension. In such a case the charge sheet can be issued by the
prescribed disciplinary authority even after retirement of the charged
official. However, this fact should be incorporated in the proforma for charge
sheet.
(Board's letter No. E(D&A) 2000 RG6-41 dated 21.11.2000)
c) In any departmental proceedings initiated against the CO during
his service and continued after his retirement if the pensioner is found guilty
of "grave misconduct or negligence", President is vested with the
right of withholding/ withdrawing of pension/gratuity.
However, 'grave misconduct or negligence' warranting withholding
/withdrawing of pension/gratuity cannot be established as a result of minor
penalty proceedings.
The minor penalty proceedings should therefore be finalized before
the date of superannuation of the Charged Officer.
(DoP&T's O.M Nos. 110/9/2003-abd-1 dated 13.04.2009, and
No.132/10/80- AVD-1 dated 28.02.1987, Board's letters No. E(D&A) 19812
RG6-21 dated 23.07.1981, No. E(D&A) 87 RG6-113 dated 11.11.1987 and
E(D&A) 2009 RG6- 18 dated 16.06.2009)
d) To ensure that disciplinary proceedings do not continue after
retirement for long periods, the time schedule given below has to be followed
for finalizing the case and sending proposals, if warranted, to the President
for imposition of a cut in the pensionary benefits:
i) In cases where the proceedings were initiated one year or more
prior to the date of retirement of the Charged Official, the proposal should be
sent within 3 months of the date of retirement of the charged official.
ii) In cases where the proceedings were initiated within the last
year of the service of the Charged Official, the proposal should be sent within
6 months from the date of retirement of the charged official.
(Board's letter No. E(D&A)97 RG6-Monitoring (1) dated 20.7.98)
e) All proposals sent for obtaining President's sanction for
imposition of a cut in the pensionary benefits should be accompanied by
complete papers and information specified in this connection
(Board's letter Nos. E(D&A)97 RG6-Monitoring (1) dated
28.1.2000 and No. E(D&A) 2008 RG6-29 dated 23.12.2014.)
