9. Right of Government to withhold or withdraw pension :-
[
1
(1) The Government reserves to themselves the right of
withholding a pension or gratuity, or both, either in full or in part, or withdrawing
a pension in full or in part, whether permanently or for a specific period and of
ordering recovery from a pension or gratuity of the whole or part of any
pecuniary loss caused, to the Government and to the local authority if, in any
departmental or judicial proceedings the pensioner is found guilty of grave
misconduct or negligence during the period of his service, including service
rendered upon re-employment after retirement : Provided that the Andhra Pradesh Public Service Commission shall
be consulted before any final orders are passed. 1
[“However, consultation
with Andhra Pradesh Public Service Commission is not necessary, when the
pensioner is found guilty in any judicial proceedings”.]
Provided further that a part of pension is withheld or withdrawn, the amount
of such pension shall not be reduced below the limit specified in sub-rule (5) of
Rule 45]
2
“Provided also that the penalty of withholding of entire pension or gratuity
or both may be imposed against the retired Government servant upon being
found guilty or upon conviction in a court of law for the offences of grave
charges namely proved cases of misappropriation, bribery, bigamy, corruption,
moral turpitude, forgery, outraging the modesty of women and misconduct.”
(2)(a) The departmental proceedings referred to in sub-rule (1), if instituted
while the Government servant was in service whether before his retirement
or during his re-employment, shall, after the final retirement of the Government
servant, be deemed to be proceedings under this rule and shall be continued
and concluded by the authority by which they were commenced in the same
manner as if the Government servant had continued in service.
Provided that where the departmental proceedings are instituted by an
authority subordinate to the State Government, that authority shall submit a
report recording its findings to the State Government.
Note :- The function of the disciplinary authority is only to reach a finding
on the charges and to submit a report recording its findings to the Government.
It is then for the Government to consider the findings and take a final decision
under this rule. In case Government decide to take action under this rule in
the light of the findings of the disciplinary authority, the Government will serve
the person concerned with a show-cause notice specifying the action proposed
to be taken under this rule and the person concerned will be required to submit
his reply to the show-cause notice within such time as may be specified by
the Government. The Government will consider the reply and consult the
Andhra Pradesh Public Service Commission. If as a result of such
consideration in consultation with the Commission, it is decided to pass an
order under the rule, necessary orders will be issued in the name of the
Government. (b) The Departmental proceedings, if not instituted while the
Government servant was in service, whether before his
retirement or during his re-employment:
(i) shall not be instituted save with the sanction of the Government;
(ii) shall not be in respect of any event which took place more
than four years before such institution; and
(iii) shall be conducted by such authority and in such place as the
State Government may direct and in accordance with the
procedure applicable to departmental proceedings in which an
order of dismissal from service could be made in relation to
the Government servant during his service.
(3) 1[x x x]
(4) In the case of a Government servant who has retired on
attaining the age of superannuation or otherwise and against
whom any departmental or judicial proceedings are instituted
or where departmental proceedings are continued under subrule
(2), a provisional pension as provided in Rule 52 shall be
sanctioned.
(5) Where the State Government decides not to withhold or
withdraw pension but orders recovery of pecuniary loss from
pension, the recovery shall not ordinarily be made at a rate
exceeding one-third of the pension admissible on the date of
retirement of a Government servant.
(6) For the purpose of this rule-
(a) departmental proceedings shall be deemed to be
instituted on the date on which the statement of charges
is issued to the Government servant or pensioner of if
the Government servant has been placed under
suspension from an earlier date; on such date; and
(b) Judicial proceedings shall be deemed to be instituted (i) in the case of criminal proceedings, on the date on
which the complaint or report of a police officer, of which
the Magistrate takes cognisance, is made; and
(ii) in the case of Civil proceedings, on the date the plaint
is presented in the Court.
1[7. Even though a Government servant has retired from service
and was not before his retirement chargesheeted or called upon
to explain why a pecuniary loss caused to the Government (or
a local authority) due to his negligence, while he was in service,
should not be recovered from him, the Government if they are
satisfied that the loss is due to him, shall recoup the pecuniary
loss besides all Government dues (or local authority dues) from
the Retirement Gratuity. For this purpose, it shall not be
neccessary to get the consent of the Government servant or
the consent of the members of his family in the case of a
deceased Government servant, as the case may be. In such
cases, it shall be indicated in the sanction clearly the amount
of Retirement Gratuity admissible, a stated amount which shall
be deducted from the Retirement Gratutiy on account of
Government dues or local authority dues or loss sustained by
the Government servant due to negligence and the net amount
of Retirement Gratuity payable to the retired Government
servant.]
Executive Instructions
(i) Procedure to be followed to withhold or withdraw Pension:
According to Rule 9 of Revised Pension Rules, 1980, the State Government reserves to themselves the right of withholding or withdrawing a pension or part thereof, whether permanently or for a specified period, and of ordering recovery from a pension of the whole or part of any pecuniary loss caused, to the Government and to the local authority if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon re-employment after retirement. 2. If departmental proceedings had been initiated against a Government servant under the Andhra Pradesh Civil Service (Control, Classification and Appeal) Rules while he was in service, including re-employment, the proceedings will be deemed to be proceedings under Rule 9 of Revised Pension Rules, 1980 and will be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service. In case, where departmental proceedings had been initiated by an authority subordinate to Government, that authority will submit a report recording its findings to the Government, as the power to pass orders in such cases vests only with the Government under Rule 9 of Revised Pension Rules, 1980. 3. If departmental proceedings had not been instituted while a Government servant was in service including the period of his reemployment, if any, proceedings can be instituted under Rule 9(2)(b) of Revised Pension Rules, 1980 subject to the following:
(a) shall be with the sanction of Government; (b) for a misconduct or misbehaviour in respect of any event which took place not earlier than four years before the institution of such proceedings; and (c) proceedings shall be conducted by such authority and at such place as the Government may direct and in accordance with the procedure applicable to the departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service. 4. To ensure that uniform procedure is followed and also to avoid procedural irregularities which may vitiate the proceedings initiated, it is considered that standardised form which are annexed to this Memo are adopted for dealing with such cases. [Govt. Memo.No. 17757-A/216/A2/Pen.I/94, dt 24-5-94 of F&P (FW.PenI) Department] (1) Order conveying sanction of the Government for taking departmental action against a pensioner under Rule 9 of Revised Pension Rules 1980
GOVERNMENT OF ANDHRA PRADESH ABSTRACT Public services - Departmental Proceedings against Sri/Smt./Kum ............................ formerly ..................... Department - Sanction under Rule 9 of Revised Pension Rules, 1980 - Issued. (DEPARTMENT) G.O.Ms.No................ Date .............. Order: Read the following :- Whereas it has been made to appear that Shri/Smt/Kum....... while serving as .........in the Department .......from ........to......was (here specify briefly the imputations of misconduct or misbehaviour in respect of which it is proposed to institute departmental proceedings). Now, therefore, sanction is accorded under sub-clause (i) of clause (b) of sub-rule (2) of Rule 9 of the Revised Pension Rules, 1980 to initiate departmental proceedings against the said Shri/Smt./Kum..........It is further directed that the said departmental proceedings shall be conducted in accordance with the procedure laid down in Rule 20 of the APCS (CCA) Rules, 1991 by .......(here specify the authority by whom the departmental proceedings should be conducted) at ........(here specify the place or places at which the departmental proceedings including oral inquiry, might be conducted). (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) (2) Memorandum of charges to be communicated to the pensioner concerned in departmental action under Rule 9 of Revised Pension Rules, 1980. GOVERNMENT OF ANDHRA PRADESH ABSTRACT Public services - Sri ............................... Department - Departmental Proceedings under Rule 9 of Revised Pension Rules, 1980 - Articles of Charges - Issued (DEPARTMENT) G.O.Rt.No. Date : Read the following:- Order : In pursuance of the sanction accorded by the Government under subclause (i) of clause (b) of sub-rule (2) of Rule 9 of the RP Rules, 1980 for instituting departmental proceedings against Sri ..........vide G.O. Ms. No........(department) dated ........it is proposed to hold an inquiry against the said Sri ...........in accordance with the procedure laid down in Rule 20 of the APCS (CCA) Rules, 1991. The enquiry shall be conducted by ..........hereby specify the authority by whom the departmental proceedings are to be conducted in accordance with the sanction, at ...........(here specify the name of the place where the proceedings are to be conducted). 2. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure-I). A statement of the imputations of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure-II). A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained are also enclosed (Annexure-III and IV).3. Sri .......is directed to submit within 10 days of the receipt of this Memorandum a written statement of his defence and also to state whether he desires to be heard in person. 4. He is informed that an inquiry will be held only in respect of those articles of charges as are not admitted. He should, therefore specifically admit or deny each article of charge. 5. Sri....is further informed that if he does not submit his written statement of defence on or before the date specified in para 3 above, or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of Rules 20 of the APCS (CCA) Rules, 1991, or the orders/directions issued in pursuance of the said rules, the inquiring authority may hold the inquiry against him exparte. 6. The receipt of this GO may be acknowledged. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) To Sri... Annexure-I Statement of articles of charge framed against......(name of the retired Government servant), formerly........ Article I That the said Sri.......while functioning as .......during the period.......... Article II That during the aforesaid period and while functioning in the aforesaid office, the said Sri............. Article III That during the aforesaid period and while functioning in the aforesaid office, the said Sri............ Annexure-II Statement of imputations of misconduct or misbehaviour in support of the articles of charge framed against Sri ........(name of the retired Government servant) formerly...........Article I Article II Article III Annexure-III List of documents by which the articles of charge framed against Sri .............(name of the retired Government servant), formerly .........are proposed to be sustained. Annexure-IV List of witnesses by whom the articles of charge framed against Sri .........(name of the retired Government servant) formerly .........are proposed to be sustained. ii) Institution “Departmental Proceedings” - After retirement :- “Deparmental Proceedings” shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant in accordance with rule 20(3) of A.P. Civil Services (CCA) Rules 1991. In cases where only a preliminary inquiry into the allegations or where it is contemplated to initiate departmental proceedings, it can not be presumed that the departemental proceedings have been instituted under Rule 9(2) of A.P. Revised Pension Rules 1980. In cases where charges have not been framed and issued before the retirement of the employee concerned, further action has to be taken in accordance with rule 9(2) of the A.P. Revised Pension Rules 1980 read with G.M.No. 17757 / A2 / 216 / Pen. I / 94 Dated 24.5.94 of finance Dept., - vide executive instruciton No. (1) above. If action has to be taken after forwarding the pension papers to Accountant General, the instructions issued in G.M.No. 33764-A / 55 / PSC / 93 dated 15-10-93 of finance Dept., vide instruction No. (iv) of the Executive instructions contained under Rule 52 have to be followed. In cases where disciplinary or judicial proceedings are pending, provisional pension has to be sancitoned under rule 52 (1) (a) of A.P. Revised Pension Rules, 1980 keeping in view the instructions contained in circular memo No. 979-B / 5 / A2 / Pen.I / 94 dated 2-2-94 of Finance Department i.e. Minimum of 75% of Pension admissible-vide instruction No. (iii) of the executive instrucitons under Rule 52. [Cir. memo.No.37254/361/A2/Pen.I/98, dt. 4-7-98 of Fin & Plg (FW : Pen.I) Department]iii) Effect of deletion of Rule 6 on Rule 9 :- It is clarified that Rule 6 and Rule 9 of the APRPRs, 1980 are two distinctive provisions and deletion of Rule 6 has no effect on Rule 9. As such the cases of the pensioners against whom any disciplinary or judicial proceeding are pending have to be dealt with under Rule 9 of the APRPRs, 1980 [Cir.Memo.No.1305-A/499/A2/Pen.I/98, dt.12-11.98 of the Fin & Plg (FW : Pen.I) Departement.] iv) Review of punishment : As there is a need for evolving a uniform procedure to review the punishment imposed under Rule 9 of the APRPRs, 1980. A retired employee can prefer an appeal against an order reducing or with holding maximum. Pension including an additional pension admissible to him under the rules. [G.O.Ms.No.53, Fin & Plg (Pen.I) dt. 12-4-99 of Fin & Plg (Pen.I) Department.] v) (a) Where Court directed to dispose of the disciplinary case within a specified time period : The disciplinary cases against the retired Government servant shall be concluded as quickly as possible. If court directs to the conclude the same within a specified period, it should be concluded with in the said period only. If not, time may be obtained from the court to conculde same in such case, final orders issued after the period is specified by the courts and the court dismisses such final order due to non conculsion of the same within time specified by them, action against the concerned persons shall be taken for not taking prompt action within the time and the loss caused if any, there to the Government in such cases shall be recovered from the concerned. b) Where charges are dropped and interest on pensionary benefits is claimed : If the department decides to drop the charges, they shall take a decision as quickly as possible and they should draft the order carefully, the following lines are prescribed for guidance, duly indicating that the individual shall be eligible for interest subject to the conditions specified under sub-rule [1A] of RULE 46 of the A.P.R.P.R.S, 1980 from the date of final orders only. In the circumstances stated above the Government have taken lenient view and further action is here by dropped. The individual is eligible for terminal benefits due to him from the date of issue of orders. [G.O.Rt.No. 1034, Fin & Plg (FW : Pen-I) Dept. dt., 9-6-2000] vi) Recovery of Government dues from dearness relief on pension : Any Government dues, due from the pensioner can be recoverable from the Dearness Relief on pension after issuing a show cause notice to the concenred person and after considering the explanation, if any submitted by the pensioner within the stipulated time. [G.O.Ms.No. 227, Fin (Pen-I) Dept. dt., 29-5-2001] vii) Payment of Pensionary benefits to the Government servants retired from service pending disciplinary action-Action against the retired person for their lapses-ConsolidatedOrders : 1. A retired Government employee is entitled for the, following terminal benefits to be got sanctioned. 1) Family Benefit Fund 2) Andhra Pradesh Group Insurance Amount 3) General Provident Fund Amount 4) Andhra Pradesh Government Life Insurance amount. 5) Encashment of Earned Leave 6) Retirement Gratuity 7) Pension/Provisional pension 8) Commuted Value of Pension 2. In case of Government Employee against whom the departmental proceedings or criminal proceedings are pending at the time of retirement, all the above terminal benefits need not be released. Proceedings pending means, there must be proceedings already initiated and pending within the meaning of rule 9 of the A.P.R.P.Rs, 1980. A Government servant who attains the age of superannuation while under suspension should be allowed to retire on the due date of superannuation. But pensionary benefits can not be settled until the conclusion of the enquiry or disposal of charges. In such cases, the payment of terminal benefits shall be regulated as follows :- a) The following amounts shall be paid to the retired employee since no recoveries can be made from these amounts, 1) Family Benefit Fund 2) Andhra Pradesh Group Insurance Scheme 3) General Provident Fund 4) Andhra Pradesh Government Life Insurance b) Encashment of Earned Leave : As per the orders issued in G.O.Ms.No. 11, Fin & Plg (FW : F.R-I) Dept., dt. 15-01-1997 the authority competent to grant leave, in the above mentioned cases may with hold whole or part of cash equivalent of earned leave, if in the view of the comepetent authority there is a possibility of the some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion, the retired employee will become eligible to the amount so withheld after adjustment of the Government dues, if any. As such, Encashment of Earned Leave can be regulated accordingly. c) Retirement Gratuity : According to clause [c] of sub-rule (1) of rule 52 of the A.P.R.P.Rs, 1980, no gratuity shall be paid until the conclusion of the departmental or judicial proceedings and issue of final orders. According to the proviso to the above said rule, where departmental proceedings have been instituted under rule 9 of the Andhra Pradesh Civil Services [Classification, Control and Appeal] Rules, 1991, for imposing any of the penalties specified in clauses (i), (ii) and (iv) of rule 9 of the said rules, except the cases falling under sub-rule (2) of rule 22 of the said rules, the payment of gratuity shall be authorised to be paid to the Government servant. It is also further provided in the said rule that where a conclusion has been reached that a portion of pension only should be withheld or withdrawn and the retirement gratuity remains unaffected in the contemplated final orders, the retirement gratuity can be released upto 80% of the eligible retirement gratuity. d) Provisional Pension : 1. As per sub-rule (4) of rule 9 of the Andhra Pradesh Revised Pension Rules, 1980, the retired employees mentioned in the above cases shall be sanctioned provisional pension as provided in rule 52 of the said rules. According to rule 52 of the said rules, the Audit Officer/head of office shall pay the provisional pension not exceeding the eligible pension. The provisional pension shall be paid from the date of retirement to the date on which final orders are passed by the comptent authority on conclusion of the departemental or judicial proceedings pending against the retired employee. The provisional pension shall not be less than 75% of the normal pension entitlement. 2. Pension sanctioning authorities are competent to sanction provisional pension to the Non-Gazetted Officers. It shall be sanctioned by the Government in the case of Gazetted Officers. 3. In the above mentioned cases the departement shall send pension papers to the Accountant General and it should be mentioned in the forwarding letter that departmental/judicial proceedings are pending and with a request to indicate only the quantum of pension that would be admissible which should not be released till further orders as only provisional pension has to be released. The Accountant General may then verify the penionsary benefits admissible and indicate the quantum of pension, where upon, the Head of the departement may intimate the quantum of provisional pension for payment in case of Gazetted Officers, so that Government will sanction the same. The Accountant General, AP, Hyderabad will straight way authorise the minimum provisional pension i.e.75% of the quantum of pension verified by his office, pending sanction by the pension sanctioning authority and that if the appropriate authority sanctions more than 75% of the eligible pension as provisional pension, the Accountant General will issue an amendment accordingly. e) Commuted value of Pension : No Commutation of pension shall be allowed in the above mentioned cases since sub-rule 3 of Rule 3 of the AP Commutation Rules, do not permit a Government servant against whom judicial or departmental proceedings has been instituted or pending, to commute any part of his pension during the pendency of such proceedings. Further, in the case of those to whom only provisional pension is granted, if after conclusion, entire pension is withheld, the question of commutation does not arise. In the case of others to whom pension was allowed either in full or in part, the period of one year for commutation without medical examination has to be reckoned from the date of issue of orders on conclusion of the proceedings. 4. Action against the retired officer who commits irregularities can be taken on three counts : 1) Criminal Prosecution 2) Disciplinary action and 3) Recovery of the amount. In case of the death of the retired officer, action on first two counts will abate but as per the orders issued in the G.O.Ms.No.85 Fin & Plg [FW : PenI] Dept. dt, 12-7-1999, the loss or mis-appropriated amounts can be recovered from the terminal benefits of the retired officer. 5. If any irregularity of a retired employee is noticed after his retirement and no departemental proceedings can be instituted under sub-rule 2 [b] of Rule 9 of A.P.R.P.Rs. 1980, the department can initiate criminal action against the retired officer or action under the Andhra Pradesh Revenue Recovery Act, 1864 to recover the loss if any caused to the Government by him. [G.O.Rt.No. 1097, Fin (FW : Pen-I) Dept., dt. 22-6-2000] viii) Continuence of disciplinary proceedings after retirement even no peuniary loss caused to the government : The disciplinary proceedings pertaining to a serious or grave act of misconduct or negligence committed by a government servant can be continued or instituted in terms of rule 9 of A.P.R.P.Rs. 1980, or other corresponding rules, even if no pecuniary loss was caused to the Government. [Circular Memo.No. 3026/18/A2/ Pension .I / 1999 Fin & Plg (FW : Pen -I) Dept., dt. 1-6-1999]
Executive Instructions
(i) Procedure to be followed to withhold or withdraw Pension:
According to Rule 9 of Revised Pension Rules, 1980, the State Government reserves to themselves the right of withholding or withdrawing a pension or part thereof, whether permanently or for a specified period, and of ordering recovery from a pension of the whole or part of any pecuniary loss caused, to the Government and to the local authority if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon re-employment after retirement. 2. If departmental proceedings had been initiated against a Government servant under the Andhra Pradesh Civil Service (Control, Classification and Appeal) Rules while he was in service, including re-employment, the proceedings will be deemed to be proceedings under Rule 9 of Revised Pension Rules, 1980 and will be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service. In case, where departmental proceedings had been initiated by an authority subordinate to Government, that authority will submit a report recording its findings to the Government, as the power to pass orders in such cases vests only with the Government under Rule 9 of Revised Pension Rules, 1980. 3. If departmental proceedings had not been instituted while a Government servant was in service including the period of his reemployment, if any, proceedings can be instituted under Rule 9(2)(b) of Revised Pension Rules, 1980 subject to the following:
(a) shall be with the sanction of Government; (b) for a misconduct or misbehaviour in respect of any event which took place not earlier than four years before the institution of such proceedings; and (c) proceedings shall be conducted by such authority and at such place as the Government may direct and in accordance with the procedure applicable to the departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service. 4. To ensure that uniform procedure is followed and also to avoid procedural irregularities which may vitiate the proceedings initiated, it is considered that standardised form which are annexed to this Memo are adopted for dealing with such cases. [Govt. Memo.No. 17757-A/216/A2/Pen.I/94, dt 24-5-94 of F&P (FW.PenI) Department] (1) Order conveying sanction of the Government for taking departmental action against a pensioner under Rule 9 of Revised Pension Rules 1980
GOVERNMENT OF ANDHRA PRADESH ABSTRACT Public services - Departmental Proceedings against Sri/Smt./Kum ............................ formerly ..................... Department - Sanction under Rule 9 of Revised Pension Rules, 1980 - Issued. (DEPARTMENT) G.O.Ms.No................ Date .............. Order: Read the following :- Whereas it has been made to appear that Shri/Smt/Kum....... while serving as .........in the Department .......from ........to......was (here specify briefly the imputations of misconduct or misbehaviour in respect of which it is proposed to institute departmental proceedings). Now, therefore, sanction is accorded under sub-clause (i) of clause (b) of sub-rule (2) of Rule 9 of the Revised Pension Rules, 1980 to initiate departmental proceedings against the said Shri/Smt./Kum..........It is further directed that the said departmental proceedings shall be conducted in accordance with the procedure laid down in Rule 20 of the APCS (CCA) Rules, 1991 by .......(here specify the authority by whom the departmental proceedings should be conducted) at ........(here specify the place or places at which the departmental proceedings including oral inquiry, might be conducted). (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) (2) Memorandum of charges to be communicated to the pensioner concerned in departmental action under Rule 9 of Revised Pension Rules, 1980. GOVERNMENT OF ANDHRA PRADESH ABSTRACT Public services - Sri ............................... Department - Departmental Proceedings under Rule 9 of Revised Pension Rules, 1980 - Articles of Charges - Issued (DEPARTMENT) G.O.Rt.No. Date : Read the following:- Order : In pursuance of the sanction accorded by the Government under subclause (i) of clause (b) of sub-rule (2) of Rule 9 of the RP Rules, 1980 for instituting departmental proceedings against Sri ..........vide G.O. Ms. No........(department) dated ........it is proposed to hold an inquiry against the said Sri ...........in accordance with the procedure laid down in Rule 20 of the APCS (CCA) Rules, 1991. The enquiry shall be conducted by ..........hereby specify the authority by whom the departmental proceedings are to be conducted in accordance with the sanction, at ...........(here specify the name of the place where the proceedings are to be conducted). 2. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure-I). A statement of the imputations of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure-II). A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained are also enclosed (Annexure-III and IV).3. Sri .......is directed to submit within 10 days of the receipt of this Memorandum a written statement of his defence and also to state whether he desires to be heard in person. 4. He is informed that an inquiry will be held only in respect of those articles of charges as are not admitted. He should, therefore specifically admit or deny each article of charge. 5. Sri....is further informed that if he does not submit his written statement of defence on or before the date specified in para 3 above, or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of Rules 20 of the APCS (CCA) Rules, 1991, or the orders/directions issued in pursuance of the said rules, the inquiring authority may hold the inquiry against him exparte. 6. The receipt of this GO may be acknowledged. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) To Sri... Annexure-I Statement of articles of charge framed against......(name of the retired Government servant), formerly........ Article I That the said Sri.......while functioning as .......during the period.......... Article II That during the aforesaid period and while functioning in the aforesaid office, the said Sri............. Article III That during the aforesaid period and while functioning in the aforesaid office, the said Sri............ Annexure-II Statement of imputations of misconduct or misbehaviour in support of the articles of charge framed against Sri ........(name of the retired Government servant) formerly...........Article I Article II Article III Annexure-III List of documents by which the articles of charge framed against Sri .............(name of the retired Government servant), formerly .........are proposed to be sustained. Annexure-IV List of witnesses by whom the articles of charge framed against Sri .........(name of the retired Government servant) formerly .........are proposed to be sustained. ii) Institution “Departmental Proceedings” - After retirement :- “Deparmental Proceedings” shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant in accordance with rule 20(3) of A.P. Civil Services (CCA) Rules 1991. In cases where only a preliminary inquiry into the allegations or where it is contemplated to initiate departmental proceedings, it can not be presumed that the departemental proceedings have been instituted under Rule 9(2) of A.P. Revised Pension Rules 1980. In cases where charges have not been framed and issued before the retirement of the employee concerned, further action has to be taken in accordance with rule 9(2) of the A.P. Revised Pension Rules 1980 read with G.M.No. 17757 / A2 / 216 / Pen. I / 94 Dated 24.5.94 of finance Dept., - vide executive instruciton No. (1) above. If action has to be taken after forwarding the pension papers to Accountant General, the instructions issued in G.M.No. 33764-A / 55 / PSC / 93 dated 15-10-93 of finance Dept., vide instruction No. (iv) of the Executive instructions contained under Rule 52 have to be followed. In cases where disciplinary or judicial proceedings are pending, provisional pension has to be sancitoned under rule 52 (1) (a) of A.P. Revised Pension Rules, 1980 keeping in view the instructions contained in circular memo No. 979-B / 5 / A2 / Pen.I / 94 dated 2-2-94 of Finance Department i.e. Minimum of 75% of Pension admissible-vide instruction No. (iii) of the executive instrucitons under Rule 52. [Cir. memo.No.37254/361/A2/Pen.I/98, dt. 4-7-98 of Fin & Plg (FW : Pen.I) Department]iii) Effect of deletion of Rule 6 on Rule 9 :- It is clarified that Rule 6 and Rule 9 of the APRPRs, 1980 are two distinctive provisions and deletion of Rule 6 has no effect on Rule 9. As such the cases of the pensioners against whom any disciplinary or judicial proceeding are pending have to be dealt with under Rule 9 of the APRPRs, 1980 [Cir.Memo.No.1305-A/499/A2/Pen.I/98, dt.12-11.98 of the Fin & Plg (FW : Pen.I) Departement.] iv) Review of punishment : As there is a need for evolving a uniform procedure to review the punishment imposed under Rule 9 of the APRPRs, 1980. A retired employee can prefer an appeal against an order reducing or with holding maximum. Pension including an additional pension admissible to him under the rules. [G.O.Ms.No.53, Fin & Plg (Pen.I) dt. 12-4-99 of Fin & Plg (Pen.I) Department.] v) (a) Where Court directed to dispose of the disciplinary case within a specified time period : The disciplinary cases against the retired Government servant shall be concluded as quickly as possible. If court directs to the conclude the same within a specified period, it should be concluded with in the said period only. If not, time may be obtained from the court to conculde same in such case, final orders issued after the period is specified by the courts and the court dismisses such final order due to non conculsion of the same within time specified by them, action against the concerned persons shall be taken for not taking prompt action within the time and the loss caused if any, there to the Government in such cases shall be recovered from the concerned. b) Where charges are dropped and interest on pensionary benefits is claimed : If the department decides to drop the charges, they shall take a decision as quickly as possible and they should draft the order carefully, the following lines are prescribed for guidance, duly indicating that the individual shall be eligible for interest subject to the conditions specified under sub-rule [1A] of RULE 46 of the A.P.R.P.R.S, 1980 from the date of final orders only. In the circumstances stated above the Government have taken lenient view and further action is here by dropped. The individual is eligible for terminal benefits due to him from the date of issue of orders. [G.O.Rt.No. 1034, Fin & Plg (FW : Pen-I) Dept. dt., 9-6-2000] vi) Recovery of Government dues from dearness relief on pension : Any Government dues, due from the pensioner can be recoverable from the Dearness Relief on pension after issuing a show cause notice to the concenred person and after considering the explanation, if any submitted by the pensioner within the stipulated time. [G.O.Ms.No. 227, Fin (Pen-I) Dept. dt., 29-5-2001] vii) Payment of Pensionary benefits to the Government servants retired from service pending disciplinary action-Action against the retired person for their lapses-ConsolidatedOrders : 1. A retired Government employee is entitled for the, following terminal benefits to be got sanctioned. 1) Family Benefit Fund 2) Andhra Pradesh Group Insurance Amount 3) General Provident Fund Amount 4) Andhra Pradesh Government Life Insurance amount. 5) Encashment of Earned Leave 6) Retirement Gratuity 7) Pension/Provisional pension 8) Commuted Value of Pension 2. In case of Government Employee against whom the departmental proceedings or criminal proceedings are pending at the time of retirement, all the above terminal benefits need not be released. Proceedings pending means, there must be proceedings already initiated and pending within the meaning of rule 9 of the A.P.R.P.Rs, 1980. A Government servant who attains the age of superannuation while under suspension should be allowed to retire on the due date of superannuation. But pensionary benefits can not be settled until the conclusion of the enquiry or disposal of charges. In such cases, the payment of terminal benefits shall be regulated as follows :- a) The following amounts shall be paid to the retired employee since no recoveries can be made from these amounts, 1) Family Benefit Fund 2) Andhra Pradesh Group Insurance Scheme 3) General Provident Fund 4) Andhra Pradesh Government Life Insurance b) Encashment of Earned Leave : As per the orders issued in G.O.Ms.No. 11, Fin & Plg (FW : F.R-I) Dept., dt. 15-01-1997 the authority competent to grant leave, in the above mentioned cases may with hold whole or part of cash equivalent of earned leave, if in the view of the comepetent authority there is a possibility of the some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion, the retired employee will become eligible to the amount so withheld after adjustment of the Government dues, if any. As such, Encashment of Earned Leave can be regulated accordingly. c) Retirement Gratuity : According to clause [c] of sub-rule (1) of rule 52 of the A.P.R.P.Rs, 1980, no gratuity shall be paid until the conclusion of the departmental or judicial proceedings and issue of final orders. According to the proviso to the above said rule, where departmental proceedings have been instituted under rule 9 of the Andhra Pradesh Civil Services [Classification, Control and Appeal] Rules, 1991, for imposing any of the penalties specified in clauses (i), (ii) and (iv) of rule 9 of the said rules, except the cases falling under sub-rule (2) of rule 22 of the said rules, the payment of gratuity shall be authorised to be paid to the Government servant. It is also further provided in the said rule that where a conclusion has been reached that a portion of pension only should be withheld or withdrawn and the retirement gratuity remains unaffected in the contemplated final orders, the retirement gratuity can be released upto 80% of the eligible retirement gratuity. d) Provisional Pension : 1. As per sub-rule (4) of rule 9 of the Andhra Pradesh Revised Pension Rules, 1980, the retired employees mentioned in the above cases shall be sanctioned provisional pension as provided in rule 52 of the said rules. According to rule 52 of the said rules, the Audit Officer/head of office shall pay the provisional pension not exceeding the eligible pension. The provisional pension shall be paid from the date of retirement to the date on which final orders are passed by the comptent authority on conclusion of the departemental or judicial proceedings pending against the retired employee. The provisional pension shall not be less than 75% of the normal pension entitlement. 2. Pension sanctioning authorities are competent to sanction provisional pension to the Non-Gazetted Officers. It shall be sanctioned by the Government in the case of Gazetted Officers. 3. In the above mentioned cases the departement shall send pension papers to the Accountant General and it should be mentioned in the forwarding letter that departmental/judicial proceedings are pending and with a request to indicate only the quantum of pension that would be admissible which should not be released till further orders as only provisional pension has to be released. The Accountant General may then verify the penionsary benefits admissible and indicate the quantum of pension, where upon, the Head of the departement may intimate the quantum of provisional pension for payment in case of Gazetted Officers, so that Government will sanction the same. The Accountant General, AP, Hyderabad will straight way authorise the minimum provisional pension i.e.75% of the quantum of pension verified by his office, pending sanction by the pension sanctioning authority and that if the appropriate authority sanctions more than 75% of the eligible pension as provisional pension, the Accountant General will issue an amendment accordingly. e) Commuted value of Pension : No Commutation of pension shall be allowed in the above mentioned cases since sub-rule 3 of Rule 3 of the AP Commutation Rules, do not permit a Government servant against whom judicial or departmental proceedings has been instituted or pending, to commute any part of his pension during the pendency of such proceedings. Further, in the case of those to whom only provisional pension is granted, if after conclusion, entire pension is withheld, the question of commutation does not arise. In the case of others to whom pension was allowed either in full or in part, the period of one year for commutation without medical examination has to be reckoned from the date of issue of orders on conclusion of the proceedings. 4. Action against the retired officer who commits irregularities can be taken on three counts : 1) Criminal Prosecution 2) Disciplinary action and 3) Recovery of the amount. In case of the death of the retired officer, action on first two counts will abate but as per the orders issued in the G.O.Ms.No.85 Fin & Plg [FW : PenI] Dept. dt, 12-7-1999, the loss or mis-appropriated amounts can be recovered from the terminal benefits of the retired officer. 5. If any irregularity of a retired employee is noticed after his retirement and no departemental proceedings can be instituted under sub-rule 2 [b] of Rule 9 of A.P.R.P.Rs. 1980, the department can initiate criminal action against the retired officer or action under the Andhra Pradesh Revenue Recovery Act, 1864 to recover the loss if any caused to the Government by him. [G.O.Rt.No. 1097, Fin (FW : Pen-I) Dept., dt. 22-6-2000] viii) Continuence of disciplinary proceedings after retirement even no peuniary loss caused to the government : The disciplinary proceedings pertaining to a serious or grave act of misconduct or negligence committed by a government servant can be continued or instituted in terms of rule 9 of A.P.R.P.Rs. 1980, or other corresponding rules, even if no pecuniary loss was caused to the Government. [Circular Memo.No. 3026/18/A2/ Pension .I / 1999 Fin & Plg (FW : Pen -I) Dept., dt. 1-6-1999]