Rule 5 - Ex-Parte Inquiry
Original Rule Text
5. Claims to pension or family pension.- (1) Any claim to pension or family pension shall be regulated by the provisions of these rules in force at the time when a Government servant retires or is retired or is discharged or is allowed to resign from service or dies, as the case may be.
(2) The day on which a Government servant retires or is retired or is discharged or is allowed to resign from service, as the case may be, shall be treated as his last completed working day and the date of death shall also be treated as a completed working day:
Provided that in a case where the Government servant immediately before his retirement or death was absent from duty on leave or otherwise or was under suspension, the day of retirement or death shall be part of such leave or absence or suspension.
5. I desire to commute of my pension under Central Civil Services (Pension) Rules, 2021 in accordance with the provisions of the Central Civil Services (Commutation of Pension) Rules, 1981. %
Note : A member of family who has been authorised under Rule 57(3) to submit this Form on behalf of the retiring/retired Government servant shall not be eligible to apply for commutation of a percentage of pension.
5. In case the claimant is minor or suffering from disorder or disability of mind, including mental retardation, details of guardian/ nominee, wherever applicable:
Name Date of Birth (DD/MM/YYYY) Aadhaar No. *(Voluntary) PAN Relationship with minor/ mentally disabled claimant Relationship with the deceased /missing Government servant /pensioner
Flat/House No./Bldg. Name Street/Locality Village & Post Office/Block City & District State Pin Code Telephone /Mobile No. E-mail ID
5. Shri/Smt./Km. .......................................is further informed that if he /she does not submit his/her 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 14 and 15 of the CCS (CCA) Rules, 1965, or the orders/directions issued in pursuance of the said Rules, the inquiring authority may hold the inquiry against him/her ex parte.
5. Whether Fixed Medical Allowance is Admissible
What This Means
Rule 5 of the CCS (Pension) Rules, 2021, is a critical component related to disciplinary proceedings against government employees that can impact their pension benefits. Essentially, it warns the employee that if they fail to cooperate with an inquiry initiated under the CCS (CCA) Rules, 1965, the inquiry can proceed without their input. This means if you don't submit your defense, don't show up for hearings, or otherwise obstruct the inquiry, the investigating authority can make findings based solely on the evidence available to them. This can significantly affect the outcome of the inquiry and, consequently, your pension eligibility.
The rule applies specifically when a government employee is facing disciplinary action that could potentially lead to a reduction or denial of pension benefits. It affects all central government employees covered by the CCS (Pension) Rules, 2021. It's a reminder that while you have the right to defend yourself, you also have a responsibility to participate in the inquiry process. Ignoring the inquiry won't make it go away; it will only make it harder to defend your position and protect your pension.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Rule 5 pertains to disciplinary inquiries under CCS (CCA) Rules, 1965, affecting pension.
- 2Failure to submit a defense statement can lead to an ex-parte inquiry.
- 3Non-appearance before the inquiring authority can result in an ex-parte decision.
- 4Refusal to comply with CCS (CCA) Rules can lead to an ex-parte inquiry.
- 5The rule emphasizes the importance of participating in disciplinary proceedings to protect pension benefits.
Practical Example
Mr. Verma, a Section Officer, is served with a charge sheet alleging financial irregularities. He's given a deadline to submit his written defense. Mr. Verma, believing the allegations are baseless, ignores the charge sheet and doesn't submit a defense. He also fails to attend the inquiry hearings despite multiple notices. The inquiring authority, following Rule 5 of the CCS (Pension) Rules, 2021, proceeds with the inquiry ex-parte. Based on the available evidence, the authority finds Mr. Verma guilty of misconduct. This finding can then be used to reduce or withhold his pension benefits.
In another scenario, Ms. Sharma, a Superintendent, is accused of insubordination. She submits a written defense denying the charges but refuses to answer specific questions during the inquiry, citing irrelevant reasons. The inquiring authority warns her that her refusal to cooperate could lead to an ex-parte inquiry. If Ms. Sharma continues to obstruct the inquiry, the authority can proceed without her further participation, potentially impacting her pension.
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
What does 'ex-parte' mean in the context of Rule 5?▼
Does Rule 5 mean I automatically lose my pension if I don't cooperate with the inquiry?▼
What if I have a valid reason for not being able to attend the inquiry hearings?▼
Is there any recourse if the inquiry proceeds ex-parte and I disagree with the findings?▼
Where can I find the CCS (CCA) Rules, 1965 mentioned in Rule 5?▼
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 5 of the CCS (Pension) Rules, 2021, what is the consequence if a government employee fails to submit their written statement of defence within the specified timeframe during a disciplinary inquiry?