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Rule 2 - Inquiry Initiation | KartavyaDesk

CCS Pension

Original Rule Text

Dated the.................................................. In pursuance of the sanction accorded by the President under Rule 8 of the Central Civil Services (Pension) Rules, 2021, for instituting departmental proceedings against Shri/Smt./Km............................, vide Ministry/Department of.............................Order No....................................., dated,.................................it is proposed to hold an inquiry against the said Shri/Smt./Km....................... in accordance with the procedure laid down in Rules 14 and 15 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The enquiry shall be conducted by...............................(here specify the authority by whom the departmental proceedings are to be conducted in accordance with the Presidential sanction) at ................................ (here specify the name of the place where proceedings are to be conducted).

What This Means

Rule 2 of the CCS (Pension) Rules, 2021 outlines the procedure for initiating departmental proceedings against a government employee after they have retired but are still eligible for pension. This rule is invoked when the President has sanctioned an inquiry based on Rule 8, which deals with withholding or withdrawing pension. Essentially, it's the formal notification that an inquiry will be conducted following the procedures outlined in Rules 14 and 15 of the CCS (CCA) Rules, 1965. This ensures fairness and due process even after retirement.

The rule specifies that the notification must clearly state the name of the employee facing the inquiry, the Ministry/Department involved, the order number authorizing the proceedings, and the date of that order. It also identifies the authority responsible for conducting the inquiry and the location where the proceedings will take place. This ensures transparency and accountability in the process. The rule primarily affects retired government employees who are facing allegations of misconduct that occurred during their service and could potentially impact their pension benefits.

In essence, Rule 2 is a crucial step in ensuring that retired government employees are held accountable for their actions during their service, while also guaranteeing that they are afforded a fair and transparent inquiry process before any decisions regarding their pension are made.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •Deals with initiating departmental proceedings against retired employees eligible for pension.
  • •Requires Presidential sanction under Rule 8 of CCS (Pension) Rules, 2021.
  • •Follows the procedure laid down in Rules 14 and 15 of CCS (CCA) Rules, 1965.
  • •Specifies the authority conducting the inquiry and the location of proceedings.
  • •Ensures a fair and transparent inquiry process.

Practical Example

Mr. Rajesh Kumar, a retired Section Officer from the Ministry of Finance, is accused of financial irregularities during his tenure. The President, based on preliminary findings, sanctions an inquiry under Rule 8 of the CCS (Pension) Rules, 2021. Consequently, an order is issued stating that a departmental inquiry will be conducted against Mr. Kumar.

According to Rule 2, a formal notification is issued specifying that the inquiry will be conducted by the Joint Secretary (Vigilance) at the Ministry of Finance, New Delhi, following the procedures outlined in Rules 14 and 15 of the CCS (CCA) Rules, 1965. The notification includes the Ministry's Order No. 123/Fin/2024, dated 15th July 2024, authorizing the proceedings. This ensures Mr. Kumar is formally informed of the inquiry and the process that will be followed.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

When does Rule 2 of the CCS (Pension) Rules, 2021 apply?▼
Rule 2 applies when the President has sanctioned departmental proceedings against a retired government employee eligible for pension, based on Rule 8, for alleged misconduct during their service.
What are Rules 14 and 15 of the CCS (CCA) Rules, 1965?▼
Rules 14 and 15 of the CCS (CCA) Rules, 1965 outline the detailed procedure for conducting departmental inquiries, including framing charges, presenting evidence, and allowing the accused employee to defend themselves.
Who conducts the inquiry under Rule 2?▼
The authority conducting the inquiry is specified in the notification issued under Rule 2. It's usually a senior officer within the concerned Ministry/Department, as designated by the Presidential sanction.
What information must be included in the notification under Rule 2?▼
The notification must include the name of the employee, the Ministry/Department involved, the order number authorizing the proceedings, the date of the order, the authority conducting the inquiry, and the location of the proceedings.
Can the pension be withheld during the inquiry?▼
Yes, the pension can be provisionally withheld during the inquiry, subject to the provisions of Rule 69 of the CCS (Pension) Rules, 2021, and any other relevant rules.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to Rule 2 of the CCS (Pension) Rules, 2021, departmental proceedings against a retired employee are initiated following sanction accorded by whom?

Related Rules

Rule 62CCS (Pension) Rules, 2021 - Rule 62Rule 19CCS (Pension) Rules, 2021 - Rule 19Rule 65CCS (Pension) Rules, 2021 - Rule 65Rule 68CCS (Pension) Rules, 2021 - Rule 68Rule 72CCS (Pension) Rules, 2021 - Rule 72

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