Withholding/Withdrawal of Pension under Rule 214 of the Mysore Civil Services Rules Issues clarifications reg.-

GOVERNMENT OF MYSORE
(FINANCE DEPARTMENT)
O.M.No.FD 133 SRS 67 dated 3rd January 1968
OFFICIAL MEMORANDUM
Withholding/Withdrawal of Pension under Rule 214 of the Mysore Civil Services Rules
Issues clarifications reg.-

According to proviso (a) of Rule 214 of the Mysore Civil Services Rules, departmental proceedings, if instituted while the officer was in service, whether before his retirement or during his re-employment, shall, after the final retirement of the officer, be deemed to be proceedings under the said Rule and shall be continued and concluded by the authority by which it was commenced in the same manner as if the officer had continued in service. A question has been raised whether in the case of an officer whose case falls within the purview of the aforesaid proviso and proceedings against whom were instituted by an authority subordinate to the Governor, order for withdrawal/withholding of pension can be passed by the subordinate authority on the conclusion of the proceedings or that authority should refer the case to the Governor for final orders. The matter has been considered and the undersigned is directed to clarify that the function of the Disciplinary Authority is only to reach a finding on the charges and to submit a report recording its findings to Government. It is then for the Government to consider the findings and take a final decision under Rule 214 of the Mysore Civil Services Rules. In case Govt. decide to take action under Rule 214 of M.C.S.Rules in the light of the findings of the Disciplinary Authority, the Government will serve the person concerned with a show-cause notice within such time as may be specified by the Government. The Government will consider the reply and consult the Mysore Public Service Commission. If as a result of such consideration in consultation with the Commission, it is decided to pass an order under Rule 214 of M.C.S. Rs. necessary orders will be issued in the name of the Governor.
The procedure outlines in the preceding paragraph in regard to the issue of show-cause notice will also apply to a case where the Governor functions as the Disciplinary Authority.
sd/-
C.N.Subba Rao,
Special Officer,
Finance Department (Pensions).