Rule 2 - Inquiry Initiation

2. Application . Save as otherwise provided in these rules, these rules shall apply to the Government servants appointed on or before 31st day of December, 2003, including civilian Government servants in the Defence Services, appointed substantively to civil services and posts in connection with the affairs of the Union which are borne on pensionable establishments, but shall not apply to,

(a) railway servants ;

(b) persons in casual and daily rated employment ;

(c) persons paid from contingencies ;

(d) persons entitled to the benefit of a Contributory Provident Fund ;

(e) members of the All India Services ;

(f) persons locally recruited for service in diplomatic, consular or other Indian establishments in foreign countries ;

(g) persons employed on contract except when the contract provides otherwise ; and

(h) persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law for the time being in force.

Explanation.- These rules shall also apply to,- (1) a Government servant who was put on induction training on or before 31st day of December, 2003 followed by appointment on regular basis after 31st day of December, 2003:

Provided that completion of the induction training was an essential condition for appointment on regular basis to the post, the Government servant was eligible for a salary or a stipend during the period of such training and the period of training was eligible for being counted as qualifying service in accordance with the provisions of Central Civil Services (Pension) Rules, 1972.

(2) a Government servant who was initially appointed on or before 31st December, 2003,-

(i) in an establishment or Department of the Central Government whose employees were covered by a pension scheme other than the Central Civil Services (Pension) Rules, 1972; or

(ii) in a State Government or an autonomous body under the Central Government or State Government having a non-contributory pension scheme similar to the Central Civil Services (Pension) Rules, 1972,

and was subsequently appointed after 31st December, 2003 in an establishment of a Central Government to which these rules apply, subject to the condition that the said Government servant fulfils all other conditions for counting of service rendered in such establishment of the Central Government or State Government or autonomous body, in accordance with these rules or any general or special order issued in this regard.

(3) a Government servant appointed after 31st December, 2003 to a civil service or post in connection with the affairs of the Union, if he fulfils the conditions for coverage under these rules in accordance with any special or general order issued by the Government in this regard.

(4) subject to the provisions of rule 15, persons who were regularly appointed in Government service after 31st December, 2003 but were conferred temporary status on or before 31st December, 2003 in accordance with the "Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993" notified by Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) and such temporary status is followed without interruption by regular appointment in Government service.

(5) the cases where in the event of death or discharge from service on the ground of invalidation in the case of a Government servant who, having been appointed to civil services and posts in connection with the affairs of the Union after 31st day of December, 2003, is covered by the Central Civil Services (Implementation of National Pension System) Rules, 2021, the benefits of Invalid Pension under rule 39 and Family Pension under rule 50 shall be payable to the Government servant or his family, as the case may be, if the Government servant had exercised an option to this effect under rule 10 of the Central Civil Services (Implementation of National Pension System) Rules, 2021 or in whose case the default option is for availing benefits under these rules or the Central Civil Services (Pension) Rules, 1972.

(6) the case of Government servants appointed in temporary capacity to civil services and posts in connection with the affairs of the Union on or before 31st day of December, 2003, who retired or were retired before having been appointed in a substantive capacity, the benefits under these rules shall be payable to the Government servant to the extent provided in the Central Civil Services (Temporary Service) Rules, 1965.

2. Comment with reference to the prescribed criteria a. The nature of the employment proposed to be taken up and the antecedents of the employer. (If the firm concerned was black-listed by the Government, this should be clearly indicated) b. Are his duties in the employment which he proposes to take up such as might bring him into conflict with Government?

c. Did the pensioner while in service have any such dealings with the employer under whom he proposes to seek employment as might afford a reasonable basis for the suspicion that the pensioner had shown favours to such employer? d. Do the duties of the commercial employment proposed involve liaison on contact work with Government departments? e. Will his commercial duties be such that his previous official position or knowledge or experience under Government could be used to give the proposed employer unfair advantage? f. Any other relevant factor 4. The APAR Dossier of the applicant is attached/may be attached by the Ministry/Department of ........................... 5. Recommendation regarding grant or refusal of permission including conditions, if any, subject to which permission may be granted

Signature of authority recommending the case Insurance Scheme [See Rule 46 of Central Civil Services (Pension) Rules, 2021, Rule 5 of General Provident Fund (Central Services) Rules, 1960 and Para 19.7 of Central Government Employees

I, ..........................................................................................., hereby nominate the person/persons mentioned below and confer on him/her/them the right to receive in the event of my death, to the extent specified below, amount on account of the following:

i. any gratuity the payment of which may be authorised under rule 44 and Rule 45 of CCS (Pension) Rules ii. amount that may stand to my credit in the General Provident Fund iii. any amount that may be sanctioned by the Central Government under the Central Government Employees Group Insurance Scheme, 1980

Name, date of birth (DOB) and address of the nominee Relationship with employe e/ pensione r Share to be paid to each If nominee is minor, name, DOB and address of person who may receive the amount on behalf of minor Name, DOB, relationship and address of alternate nominee in case the nominee under Column (1) predeceases the employee Share to be paid to each Name, DOB and address of person who may receive the amount if alternate nominee in Col. (5) is a minor Contingency on happening of which nomination shall become invalid 1 2 3 4 5 6 7 8

<table><tr><td></td></tr></table>

Place and date: Signature of Government servant

Note 1 : Completely strike out the benefits for which nomination is not intended to be made. Separate copies of this nomination Form may be used for nominating different persons for benefits (i),

(ii) and

(iii) above

Note 2 : The Government servant shall draw lines across the blank space below the last entry to prevent the insertion of any name after he/she has signed.

gether should cover the whole amount. (To be filled in by the Head of Office/authorised Gazetted Officer)

2. General Provident Fund (Central Services) Rules, 1960

2. The details of all members of family (whether eligible for family pension or not) including spouse, all children, parents /parents in law and disabled siblings (brothers and sisters) may be given.

2. Details of claimants:

Sl. No . Name Date of birth (DD/MM/YYYY) Aadhaar No.* (Voluntary) Relationship with deceased/missing Government servant Postal address Mobile No. 1. 2. 3.

2. Details of previous family pensioner who has died or become ineligible or gone missing (To be filled only if a family pensioner has died or become ineligible or gone missing):

*Name of deceased Government servant/ pensioner *Office/Dept./Ministry *Nationality *Date of retirement of Government servant (DD/MM/YYYY) *Date of death of Government servant/ pensioner (DD/MM/YYYY) *PPO No. (Issued on retirement/ death of Government servant ) Name of previous family pensioner who has died/become ineligible or gone missing Date of death/ineligibility of previous family pensioner (DD/MM/YYYY) Date from which missing (in case of missing family pensioner only) (DD/MM/YYYY) Date of lodging of report with Police (In case of missing family pensioner) (DD/MM/YYYY) PPO No. sanctioning family pension to previous family pensioner who has died or become ineligible or gone missing

Note: The information for items marked ( *) is to be given in respect of the person who was employed in the Department and on whose death, family pension was originally sanctioned. Remaining information is to be given in respect of deceased/ineligible/missing family pensioner.

2. Details of claimant(s):

Name Date of birth [DD/MM/YYYY] Aadhaar No.* (voluntary) Mobile No. Relation with the deceased pensioner Postal address

2. I am aware that the pension which may be granted to me after retirement, in terms of the relevant pension rules, can be withheld or withdrawn, in full or part, for any failure of this undertaking given.

Place : ______________ Date : ______________ Signature of the Government servant

Sanction for instituting departmental proceedings after retirement No............................ Government of India Ministry/Department of.............................. Dated the..................................................

WHEREAS it has been made to appear that Shri/Smt./Km ..............................................while serving as......................in the Ministry/ Department...........................from ............. ....... ........to...............................was .........................(here specify briefly the imputations of misconduct or misbehavior in respect of which it is proposed to institute departmental proceedings):

NOW, THEREFORE, in exercise of the powers conferred on him by sub-clause

(i) of clause

(c) of sub-rule (2) of Rule 8 of the Central Civil Services (Pension) Rules, 2021, the President hereby accords sanction for institution of the departmental proceedings against the said Shri/Smt./Km ....................................

The President further directs that the said departmental proceedings shall be conducted in accordance with the procedure laid down in Rules 14 and 15 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, by ...............................(here specify the authority by whom the departmental proceedings should be conducted) at .......................... (here specify the place at which the departmental proceedings would be conducted).

By order and in the name of the President* --------------------------------- (Name and designation of the competent authority)*

* To be signed by an officer in the appropriate Ministry/Department authorized under Article 77 (2) of the Constitution to authenticate orders on behalf of the President.

No............... Copy forwarded to Shri/Smt./Km............................................

Copy also forwarded to Shri/Smt.Km...................................... Memorandum for instituting departmental proceedings after retirement

No............................ Government of India Ministry of ............... Department of..............................

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).

2. The substance of the imputations of misconduct or misbehavior 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 (Annexures III and IV).

2. The date of birth of spouse is _____ and her mark of identification is _________________.

Yours faithfully, Signature: Signature: Spouse Name: _______ Name: _________________ Address: ___________ Address: _______________

2. The details of Government dues which will remain outstanding on the date of retirement / disappearance/death of the Govt. servant and which need to be recovered/withheld are indicated in item No. 13 of Form 7/ item no 9 of Form 11. 3. The receipt of this letter may be acknowledged and this Ministry/Department/Office informed that necessary instructions for the disbursement of pension/family pension have been issued to disbursing authority concerned, under intimation to the retiring /retired Government servant/family pensioner. 4. The retirement/ death gratuity will be drawn and disbursed by this Ministry/Department/Office on receipt of authority from you.

Yours faithfully, (Head of Office) 1. Service Book (date of retirement/ death/ disappearance to be indicated in the service book). 2. Details of family in Form 4

2. I am to request that a claim for the payment of gratuity may be submitted in the enclosed Form 9 along with an indemnity Bond in enclosed Format 8 (in the case of missing Government servant only) as soon as possible.

Encl: 1. Form 9 Yours faithfully, Signature of Head of the Office 2. Format 8 (In case of missing Government servant /pensioner only)

* Strike out if not applicable.

Note: If there are more than one beneficiary eligible to receive a share from the amount of gratuity, separate letter will be addressed to all the beneficiaries.

[See rules 71 and 79] (Letter to family member of a deceased/missing Government servant for grant of Family Pension)

No...... ................ Government of India Ministry of..................... Department/Office.........................

Subject:- Payment of Family Pension in respect of Shri/Smt. ..........................

I am directed to state that in terms of rule 50 and Rule 51 (in the case of missing Government servant only) of the Central Civil Services (Pension) Rules, 2021, a family pension is payable to you in respect of Shri/Smt./Km. ............................................... , who has died/ is reported missing.

2. You are advised that a claim for the grant of Family Pension may be submitted in the enclosed Form 10 along with an undertaking to the Bank in enclosed Format 9 and an Indemnity Bond in enclosed Format 8 (in the case of missing Government servant only).

*3. In the event of death or ineligibility after re-marriage of the widow/widower, the Family Pension shall be granted to the eligible child or children, dependent parents or disabled siblings, if any, as per the provisions of rule 50 of Central Civil Service (Pension) Rules, 2021.

*4. In the case of a childless widow, the family pension shall be payable even after re-marriage subject to the conditions mentioned in Rule 50 of the Central Civil Service (Pension) Rules, 2021.

*Applicable only in the case of death of Government servant Yours faithfully, Encl : (1) Format 9 (2) Form 10 (3) Format 8 (In case of missing Government servant)

[See rules 79(2)(b)

(i) and 79(3)(iv)] Letter sanctioning Family Pension when a Pensioner dies/goes missing or a Family Pensioner dies/ceases to be eligible/goes missing

To, The Pay and Accounts Officer, No...... ................ Government of India Ministry of..................... Department/Office.........................

Subject: Grant of family pension I am directed to say that Shri/Smt./Km. ................................................................................................ formerly ........................................................... (designation) in this Ministry/Department/Office was authorised the service. Intimation has been received in this Ministry / Department/Office that Shri/Smt./Km................................ has died/gone missing on .....................

A report in this respect was lodged with the Police on ...................................... . A report dated ............................. has also been received from the Police that whereabouts of Shri/Smt./km............................................ could not be located despite all efforts made in this regard. (To be filled in case of missing pensioner only)

I am directed to say that Shri/Smt./km ....................................................................................(Name of the previous family pensioner) ............................................................................................................................................... (relationship) of late Shri/Smt./Km.......................................................... formerly ....................................................... (designation) in this Ministry / Department /Office was authorized the payment of Family Pension of .............. with effect from. ........................................ vide PPO No .................................................

Intimation has been received in this Ministry / Department / Office that Shri/Smt./Km. ............................................... has died/ceased to be eligible for family pension/gone missing on ........... .................

A report in this respect was lodged with the Police on ................................. . A report dated ................................. has also been received from the Police that whereabouts of Shri/Smt./Km. could not be located despite all efforts made in this regard. (To be filled in case of missing family pensioner only)

2. There are the following surviving members of family of the deceased Government servant/ pensioner or missing pensioner:--

S.N. Name Date of birth Aadhaar No.* (if available) Relationship with deceased Government servant or deceased/missing pensioner Whether suffering from any disability Marital Status Address 1. 2. 3.

What This Means

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

Key Points

• 1Deals with initiating departmental proceedings against retired employees eligible for pension.
• 2Requires Presidential sanction under Rule 8 of CCS (Pension) Rules, 2021.
• 3Follows the procedure laid down in Rules 14 and 15 of CCS (CCA) Rules, 1965.
• 4Specifies the authority conducting the inquiry and the location of proceedings.
• 5Ensures a fair and transparent inquiry process.

Practical Example

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

Cross References

Frequently Asked Questions

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