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 authorities . In such cases, only provisional pension is paid and

gratuity is withheld till the conclusion of departmental proceedings and issue of final

orders thereon by the competent authority.

During suspension the delinquent is eligible for subsistence allowance @ 5o% of hs last drawn salary.

On superannuation he will be eligible for drawing pension but his retiral benefits can be withod till his DP comes to an end.

If the DP passes an order deducting his pay cut then it can be given effect to while calculating his final figure on superannuation.

In the absence of any provision in the pension rules, a State government cannot withhold a pensionary benefits during the pendency of departmental inquiry/proceedings.

Look out in your service rules, for a provision to the the above effect.

Pension is secured and can't be attached. It depends upon the inquiry report. You can challenge the same in Court if any adverse report is filed and your pension discontinued.

Dear Sir,

The suspended officer is entitled for subsistence allowance only during his service. If his service reaches superannuation then the department may consider to settle the retirement or stop payment of subsistence allowance by dismissing the employee. Normally in such cases no pensionary benefits will be allowed. Please impress upon the enquiry officer to give report in your favor.

Hi,

There would be no pension during enquiry and you may file court case for that stating that enquiry is delayed purposely.

Hello,

He will get partial pension.

Also if the inquiry is not completed in a time bound manner and takes more than a year then challenge the saidf proceeding before the HC in light of the judgment passed by the SC.

Post retiral benefits are not bounty and can not be denied per se

Regards

The employee shall continue to get subsistence allowance even after he is retired.

The fate of his pension and other terminal benefits will be known only after disposal of the pending departmental inquiry.

Dear Client,

Its depend on the nature of charges imputed and result of inquiry.

Pension Benefits are not alienable still but other facotrs also matter. -- What kind of Inquire ? Medical/administrative/financial irregularity ?

Years of service left

Show documents for precise advise.