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Disciplinary Proceeding after Retirement

 16. KNOWLEDGE SPECTRUM - DISCIPLINE – Proceeding after retirement


31. Consultation with the UPS is necessary before issue of final orders in all cases, both gazetted and non-gazetted employees.

32. The Disciplinary authority who instituted proceedings while the pensioner was in service (or in re-employment after retirement) can drop them without submitting its findings to the President (This instruction was withdrawn in 2004. Now such cases will also go to the President)

33. Minor penalty proceedings initiated against a GS while in service also automatically become Rule 9 proceedings after retirement of the GS (if not finalized before his retirement). As minor penalty proceedings do not justify penalties like withholding or withdrawal of pension, etc, such proceedings should always be finalized by the Disciplinary authorities before retirement of the Government servants.

34. Loss suffered by the Government is not the only criterion for continuing disciplinary proceedings after retirement. Even in the absence of any pecuniary loss, the pension of a pensioner can be withheld or withdrawn for an act of   misconduct committed while in service.


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