1) Initiating disciplinary proceedings against a retired railway employee requires the President's sanction. 2) A Railway Board officer signs the charge sheet on behalf of the President under the Railway Service Pension Rules. 3) "President" in this context refers to the Minister of Railways acting on behalf of the actual President of India.

1. DAR & RETIREMENT
MOHANDAS P
ASST. PROFESSOR (PM)
NATIONAL ACADEMY OF INDIAN RAILWAYS-VADODARA

2. 1) Initiating disciplinary cases after retirement
requires the sanction of the President.
2) A duly authorized officer of the Railway Board
signs the chargesheet in such cases, on
behalf of President.[ This is done under Rule
9 of the Railway Service Pension Rules 1993]

3. 3)Here President means Minister of Railways
acting in the name of President.
4)If an employee was under suspension on the
date of his retirement and Charge Sheet is
issued at a later date, sanction of the President
is not necessary.

4. 5)The departmental proceedings are deemed to
be instituted on the date he was suspended and
in such cases, the Charge Memorandum can be
issued by the Disciplinary Authority who would
have issued the Charge Memorandum had the
charged employee been in service.

5. 6)And in the same way, if a charge memorandum
was already issued before the retirement of the
charged official and continued till the retirement,
the same will continue after the retirement also
by the same Disciplinary Authority.
7)But no penalty can be imposed by any
authority except the President in such cases.

6. 8)The President is the only authority for imposing cut in
pension and / or gratuity.
9)All the other processes up to the conclusion of the
inquiry proceedings will be done by the disciplinary
authority under provisions of Rule 9 of D&A Rules 1968,
and if the penalty of cut in pension is warranted, papers
will be processed for consideration of the President
under Rule 9 of Railway Services(Pension ) Rules 1993.

7. 10)In such cases, the complete DAR case file in
original & Relied Upon Documents in
original/authenticated are to be forwarded to the
Railway Board along with UPSC format duly filled
up & opinion of concerned P/CHOD & CPO.

8. 11)Witholding pension or any part of it either
temporarily or permanently or for a specified
period
12)Ordering recovery from pension and or gratuity
of the whole or a part of any pecuniary loss
sustained by the govt on account of the
negligence of the retired offficer.

9. 13)If departmental proceedings started after the
retirement of the employee ,
a)to be instituted with prior permission of
president
b)shall not be in respect of any event which took
place more than four years before such
institution (4-year clause)

10. c)to be conducted by such authority and in such
place as the president may direct - in this case
railway board shall be such authority
14) President is the final authority to impose penalty
and he does this in consultation with UPSC.
15)Recommendation of UPSC is not binding on the
prez

11. 16) If the DAR proceedings are initiated while the
railway employee is in service , then normal DAR
proceedings will be conducted.
17)Till the time of completion of enquiry , railway
servant shall be paid a provisional pension.