DISCIPLINARY AUTHORITY CAN DROP MINOR PROCEEDINDS WITHOUT REFERENCE TO PRESIDENT

                                                  F.No. C-11016/5/2010-Ad.V

                                                        Government of India

                                                          Ministry of Finance

                                                      Department of Revenue,

                                              Central Board of Excise & Customs

                                                    Room No. 460, Hotel Samrat,

                                                     Chanakyapuri, New Delhi. 

                                                                

                                                                                            Date 23rd September, 2010.

To,

All Chief Commissioners/Director Generals.

Sub: Proceedings (including deemed to be proceedings) under Rule 9 of  CCS(Pension) Rules,   1972 in respect of retired officers (other than Gr. A officers)

Sir,

     Attention is invited to the Board’s letter dated 10.3.2010 issuing certain clarifications on the exact scope of provisions of Rule 9 of CCS (Pension) Rules, 1972 in respect of retired Gr.B, C and D officers. It was, inter-alia, clarified that proceedings have to be continued by the original Disciplinary Authority till the stage of submission of the representation by the charged officer on the findings of I.O., including disagreement note forwarded to him, if any, and the case is thereafter required to be forwarded to the Board, along with all documents for seeking orders of the President, along with comments/ recommendations of the original Disciplinary authority on the submissions of the charged officer on the IO Report/disagreement note

.

2. A question has been raised whether it would be necessary to refer the matter to the Board for obtaining the orders of the President in respect of the departmental proceedings against retired Gr ‘B’ ‘C’ and ‘D’ officials where dropping of the said proceedings becomes mandatory in terms of DoPT instructions vide O.M. No. 110/9/2003-AVD-I dated 13.4.2009 relating to cessation of minor penalty proceedings on retirement of the officer or on death of the officer in terms of DoPT O.M. No. 11012/7/99-Estt (A) dated the 20th October, 1999.

3. The matter has been examined in consultation with the Deptt. of Pension and Pensioners’ Welfare. It is advised that in all cases where the disciplinary authority, other than the President, proposes to drop the departmental proceedings against a retired officer, including in situations as indicated in para 2 above, such authorities should send a report to the President under proviso to Rule 9(2)(a) of CCS (Pension) Rules, 1972 and obtain the orders of the President in this regard as only the President is empowered under the provisions of the said Rules to pass a final order in a disciplinary case.

It is further clarified that the Department of Posts has already withdrawn on the advice of the Deptt of Pension and PW, the DG P&T letter no. 30/6/83-Vig.III dated 28.2.1984 appearing as decision no. 7 below Rule 9 of CCS(Pension) Rules, 1972 in certain earlier editions of Swamy’s compilation on the said Rules, by which it was advised to their field formations that original DA could drop the proceedings without reference to the President.

4. Cases already decided otherwise, however, need not be re opened.

                                                                                                                                                                                                                                                                               Yours faithfully,

                                                                                                              (Vijay Kumar)

                                                                                    Deputy Secretary to the Government of India