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[Cites 0, Cited by 0] [Section 41(6)] [Section 41] [Entire Act]

Union of India - Subsection

Section 41(6)(iii) in The Khadi And Village Industries Commission Employees (Pension) Regulations, 1984

(iii)A notice of voluntary retirement given after completion of twenty years qualifying service will require acceptance by the Commission, if the date of retirement on expiry of the notice would be earlier than the date on which the employee concerned could have retired voluntarily under Regulation 40 of these regulations or under clause (d) of sub-regulation (3) of Regulation 5 of the Khadi and Village Industries Commission Regulations, 1958. Such acceptance may be generally given in all cases except clause (a) in which the disciplinary proceedings are pending or contemplated against the employee of the commission concerned for the imposition of a major penalty and the disciplinary authority having regard to the circumstances of the case, if of the view that the imposition of the penalty of removal or dismissal from service would be warranted in the case, or (b) in which prosecution is contemplated or may have been launched in a court of law against the employee of the Commission concerned. The notice of voluntary retirement even in such cases, may be accepted by the Commission, if circumstance of the case so justify. Even where the notice of voluntary retirement given by the employee of the Commission requires acceptance by the commission, the employee of the Commission giving notice may presume acceptance and the retirement shall be effective in terms of the notice, unless the competent authority issues an order to the contrary before the expiry of the period of notice.