ANDHRA PRADESH REVISED PENSION RULES, 1980 (As ... - APHB

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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Provided further that a part of pension is withheld or withdrawn, the amount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.
1. The words were added through G.O.Ms.No. 442, Fin (FW : Pen-I) Department dt. 25-9-2003.
2. The provision was added by G.O.Ms.No.664, Finance (Pen-I) Dept., dt. 7-10-2004
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