MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel
and Training )
NOTIFICATION
New Delhi, the 17th
January, 2014 ,
G.S.R.
27(E).—In exercise of the powers conferred by the proviso to article 309
of the Constitution, and inconsultation with the Comptroller and
Auditor General in relation to persons serving in the Indian Audit
and Accounts Department, the President hereby makes the following rule further
to amend the Fundamental Rules, 1922, namely :—
1. (1)
These rules may be called the Fundamental (First Amendment)
Rules, 2014. (2) They shall came into force on the date of their publication in
the Official Gazette.
2. In
the Fundamental Rule, 1922, in rule 56, —
(a) in
clause (k), in sub-clause (1), for item (c), the following shall be substituted
namely :
“(c) it
shall be open to the Appropriate Authority to withhold permission to a
Government servant, who seeks to retire under this clause, if,—
(i) the
Government servant is under suspension: or
(ii) a
charge sheet has been issued and the disciplinary proceedings are pending; or
(iii)
if judicial proceedings on charges which may amount to grave misconduct, are
pending_
Explanation :–For
the purpose of this clause, judicial proceedings shall be deemed to be pending,
if a complaint or report of a police officer, of which the Magistrate
takes cognizance, has been made or filed in a criminal proceedings.”;
(b) for clause (m), the
following shall be substituted, namely :—
“(m) A Government
servant in Group ‘C’ post who is not governed by any pension rules, may, by
giving notice of not less than three months in writing to the Appropriate
Authority, retire from service after he has completed thirty year’s service :
Provided that it shall be
open to the Appropriate Authority to withhold permission to a Government servant,
who seeks to retire proceedings.”;
(i) the Government
servant is under suspension; or
(ii) a charge sheet has
been issued and the disciplinary proceedings are pending; or
(iii) if judicial
proceedings on charges which may amount to grave misconduct, are pending.
Explanation :-For
the purpose of this clause, judicial proceedings shall be deemed to be pending,
if a complaint or report of a police officer, of which the Magistrate
takes cognizance, has been made or filed in a criminal proceedings.”;
[No. 2501313/2010-Estt.
(A-IV)]
MAMTA KUNDRA, Jt. Secy.
Source:
www.persmin.nic.in
