The central civil services (cca) rules, 1965.

pradeep kumar (Querist) 14 June 2012 This query is : Resolved
An employee is charge sheeted under Rule 14 of CCS (CCA) Rules, 1965 for a grave misconduct. He had admitted the charges. Now, the office Administration wants to impose a severe deterrent penalty (major) on him. But the employee is due to retire from Service on 30.6.2012. What are the penalties that can be imposed in such a case? Is there any bar to impose penalty on the eve of his retirement?

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Guest (Expert) 14 June 2012
There is no bar to impose a penalty on a retiiring person for the offence committed by him during his service period, but if the departmental inquiry has already been completed and report of the I.O. has been recived, the punishment should be awarded before the date of his retirement.

But, if the inquiry is still in progress the case can even be continued beyond his retirement under the provisions of Rule 9 of the CCS (Pension) Rules 1972.

Sudhir Kumar, Advocate (Expert) 14 June 2012
if the charges have been admitted unconditionally then no inqiry is ordered and penalty order is imposed.

Mere admission of charge and nearness to retiremetn is no ground to claim lesser penalty

chitra gupta (Expert) 15 June 2012
(L) expert mr.sudhir kumar clearly observed that......a mere admission of charges and nearness to retirement is no ground to claim lesser penalty(.)....already the charges have been framed to impose major penalty(.)however the employee will get one oppertunity to appeal to his appealate authority for consideration within a specific time period...(.)

Shonee Kapoor (Expert) 16 June 2012
I agree with Ld. Dhingra.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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