Criminal proceedings after retirement

  • What are the discipline proceedings?

    Disciplinary proceedings must be instituted by competent authority: An enquiry against a government servant must be instituted at the instance of a competent disciplinary authority..

  • According to Rule 9 of the Andhra Pradesh Revised Pension Rules, 1980 the State Government themselves reserves the right of withholding or withdrawing the pension or gratuity or both and order recovery from the pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if in any
  • Write to the Pension Disbursing Authority (PDA) i.e, the Pension Paying Bank intimating them of the demise of the veteran, asking them to discontinue the pension of the pensioner and commence payment of the family pension of the spouse / NoK / Heir, enclose an ink signed death certificate and copy of the original PPO
Provided that in the case of a Government servant who is retired prematurely or who retires voluntarily under Clauses (j) to (m) of Rule 56 of the Fundamental 

Can a military lawyer prosecute a retiree if he commits a crime?

Military lawyers divide retirees into two groups:

  • those who have committed crimes while on active duty and those who have committed crimes after retirement.
    The first are far more likely to be prosecuted at a court-martial than the second.
    At least 30 active-duty retirees have been prosecuted under the UCMJ since its enactment in 1950.
    • ,

    Can disciplinary proceedings be instituted against a retired employee?

    No disciplinary proceedings can be instituted against a retired employee for misconduct which is not grave.
    The criminal proceedings can be instituted any time after retirement, in respect of an act of employee (which amounts to an offence under criminal law) or incident taken place while the employee was in service.

    ,

    How long after retirement can judicial proceedings be initiated?

    We may note that unlike for the initiation of proceedings, there is no time limit prescribed under the Pension Rules within which the same can be initiated after the retirement of the government servant.
    However, judicial proceedings, be they civil or criminal, would be subject to the laws of limitation.

    ,

    What happens to Department proceedings pending at the time of retirement?

    Department proceedings pending at the time of retirement are deemed to be the proceedings under Rule 9 and shall be continued and concluded by the same disciplinary authority and in the same manner.
    Thereafter, authority will submit a report recording its finding to the President.


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