Dar and retirement 2

Indian Railways study material

1. DAR & RETIREMENT MOHANDAS P Asst. Professor (PM) National Academy of indian railways- vadodara

2. Initiating disciplinary cases after retirement requires the sanction of the President. A duly authorized officer of the Railway Board signs the chargesheet in such cases, on behalf of President .[ This is done under Rule 9 of the Railway Service Pension Rules 1993]

3. 3)Here President means Minister of Railways acting in the name of President. 4)If an employee was under suspension on the date of his retirement and Charge Sheet is issued at a later date, sanction of the President is not necessary.

4. 5) The departmental proceedings are deemed to be instituted on the date he was suspended and in such cases, the Charge Memorandum can be issued by the Disciplinary Authority who would have issued the Charge Memorandum had the charged employee been in service.

5. 6)And in the same way, if a charge memorandum was already issued before the retirement of the charged official and continued till the retirement, the same will continue after the retirement also by the same Disciplinary Authority. 7)But no penalty can be imposed by any authority except the President in such cases.

6. 8) The President is the only authority for imposing cut in pension and / or gratuity. 9)All the other processes up to the conclusion of the inquiry proceedings will be done by the disciplinary authority under provisions of Rule 9 of D&A Rules 1968, and if the penalty of cut in pension is warranted, papers will be processed for consideration of the President under Rule 9 of Railway Services(Pension ) Rules 1993.

7. 10)In such cases, the complete DAR case file in original & Relied Upon Documents in original/authenticated are to be forwarded to the Railway Board along with UPSC format duly filled up & opinion of concerned P/CHOD & CPO.

8. 11) Witholding pension or any part of it either temporarily or permanently or for a specified period 12)Ordering recovery from pension and or gratuity of the whole or a part of any pecuniary loss sustained by the govt on account of the negligence of the retired offficer .

9. 13)If departmental proceedings started after the retirement of the employee , a)to be instituted with prior permission of president b)shall not be in respect of any event which took place more than four years before such institution (4-year clause)

10. c)to be conducted by such authority and in such place as the president may direct - in this case railway board shall be such authority 14) President is the final authority to impose penalty and he does this in consultation with UPSC. 15)Recommendation of UPSC is not binding on the prez

11. 16) If the DAR proceedings are initiated while the railway employee is in service , then normal DAR proceedings will be conducted. 17)Till the time of completion of enquiry , railway servant shall be paid a provisional pension.