R-9 11

(i) in the case of criminal proceedings, on the date on

which the complaint or report of a police officer, of which
the Magistrate takes cognisance, is made; and

(ii) in the case of Civil proceedings, on the date the plaint

is presented in the Court.
1
[7. Even though a Government servant has retired from service
and was not before his retirement chargesheeted or called upon
to explain why a pecuniary loss caused to the Government (or
a local authority) due to his negligence, while he was in service,
should not be recovered from him, the Government if they are
satisfied that the loss is due to him, shall recoup the pecuniary
loss besides all Government dues (or local authority dues) from
the Retirement Gratuity. For this purpose, it shall not be
neccessary to get the consent of the Government servant or
the consent of the members of his family in the case of a
deceased Government servant, as the case may be. In such
cases, it shall be indicated in the sanction clearly the amount
of Retirement Gratuity admissible, a stated amount which shall
be deducted from the Retirement Gratutiy on account of
Government dues or local authority dues or loss sustained by
the Government servant due to negligence and the net amount
of Retirement Gratuity payable to the retired Government
servant.]1
1. Sub rule (7) was substituted by G.O.Ms.No. 995, Fin. (Pension-I) Department., dt.
21-12-2002. The earlier sub-rule (7) added by G.O.Ms.No.85, F&P (FW.Pen.I) Dept.,
dt 12-7-99 was as follows :-
7(a) When a Government servant dies before conclusion of the disciplin-
ary proceedings, generally death abates all further proceedings. As
such, when Government servant dies before conclusion of the disci-
plinary proceedings, the proceedings under rule 9 of the Andhra
Pradesh Revised Pension Rules 1980 also abates. If any loss caused
or misappropriated the Government amount by the deceased Govern-
ment servant is established, in such cases, the disciplinary proceed-
ings will not automatically abate and it is open to the Government to
bring the legal representatives on record and conclude disciplinary
proceedings for the purpose of recovery of the same.

b) When disciplinary proceedings are concluded as per the procedure

and Government servant/ pensioner dies before receiving punishment
order and any loss caused or misappropriated the Government amount
R-9 12

due to his negligence or misconduct while he was in service, is estab-

lished, the same can be recovered from terminal benefits admissible
to the legal heirs. The recovery in such cases shall be from the termi-
nal benefits i.e. Retirement Gratuity, Commuted Value of Pension,
Encashment of leave.

c) In cases of punishment of stoppage of increment without cumulative

effect, which could not be implemented due to lack of service, or oth-
erwise, the amount equal to the increments stopped, shall be recov-
ered from the Retirement Gratuity of the employee.

Provided that the Consultation with the Andhra Pradesh Public Service Com-
mission shall not be necessary for taking action under this sub-rule.

Executive Instructions

(i) Procedure to be followed to withhold or withdraw Pension:

According to Rule 9 of Revised Pension Rules, 1980, the State
Government reserves to themselves the right of withholding or withdrawing a
pension or part thereof, whether permanently or for a specified period, and of
ordering recovery from a pension of the whole or part of any pecuniary loss
caused, to the Government and to the local authority if, in any departmental or
judicial proceedings, the pensioner is found guilty of grave misconduct or
negligence during the period of his service, including service rendered upon
re-employment after retirement.

2. If departmental proceedings had been initiated against a Government

servant under the Andhra Pradesh Civil Service (Control, Classification and
Appeal) Rules while he was in service, including re-employment, the
proceedings will be deemed to be proceedings under Rule 9 of Revised
Pension Rules, 1980 and will be continued and concluded by the authority by
which they were commenced in the same manner as if the Government
servant had continued in service. In case, where departmental proceedings
had been initiated by an authority subordinate to Government, that authority
will submit a report recording its findings to the Government, as the power to
pass orders in such cases vests only with the Government under Rule 9 of
Revised Pension Rules, 1980.
3. If departmental proceedings had not been instituted while a
Government servant was in service including the period of his re-
employment, if any, proceedings can be instituted under Rule 9(2)(b) of Revised
Pension Rules, 1980 subject to the following: