A few days back a retired officer had come to me for cosultation. The facts of his case were as under,
" An order was issued by his immediate superior on the date of his retirement stateing that on the basis of conclusions in the the preliminary inquiry, it has been decided to coduct a regular departmental inquiry for the lapses on his part . Accordingly a regualar charge sheet was served on him after his retirement. However he was granted a provisional pension (and not final pension) and his gratuity was withheld "
The query of the officer was whether it was legally valid to grant only provisional pension and withhold the gratuity only on the basis of conclusions in the preliminary inquiry.In order to find the right answer, the provisions in Rule 27 of M.C.S.(D.& A.) Rules 1982 [Similar provision exists in Rule 9 of C.C.S.(pension ) Rules 1972.] as well as various judgements on the point in issue were studied in depth. It was found that the Supreme court has held that the disciplinary proceedings stand instituted only when a regular charge sheet is issued to hold regular departmental proceedings, . Since no regular charge sheet was issued before the date of retirement, No departmental proceedings were pending on the date of retirement and therefore it would have been appropriate and legal to grant final pension and also the gratuity.
The relevant judgements on the subject have been uploaded on this blog at S.No. 26 in the list under the caption " Disciplinary Proceedings- Important Judgements." Those interested can get them downloaded.
" An order was issued by his immediate superior on the date of his retirement stateing that on the basis of conclusions in the the preliminary inquiry, it has been decided to coduct a regular departmental inquiry for the lapses on his part . Accordingly a regualar charge sheet was served on him after his retirement. However he was granted a provisional pension (and not final pension) and his gratuity was withheld "
The query of the officer was whether it was legally valid to grant only provisional pension and withhold the gratuity only on the basis of conclusions in the preliminary inquiry.In order to find the right answer, the provisions in Rule 27 of M.C.S.(D.& A.) Rules 1982 [Similar provision exists in Rule 9 of C.C.S.(pension ) Rules 1972.] as well as various judgements on the point in issue were studied in depth. It was found that the Supreme court has held that the disciplinary proceedings stand instituted only when a regular charge sheet is issued to hold regular departmental proceedings, . Since no regular charge sheet was issued before the date of retirement, No departmental proceedings were pending on the date of retirement and therefore it would have been appropriate and legal to grant final pension and also the gratuity.
The relevant judgements on the subject have been uploaded on this blog at S.No. 26 in the list under the caption " Disciplinary Proceedings- Important Judgements." Those interested can get them downloaded.
No comments:
Post a Comment