(6)For the purpose of this rule:-(a)[ departmental proceedings shall be deemed to include the enquiry pending before the Tribunal for disciplinary proceedings.] [Rule 6(a) added and clauses (a) & (b) renumbered as (b) and (c) G.O.Ms.No.174, Finance (Pension) Department, dated 16-02-1990 with effect from 1st January 1979.](b)departmental proceedings shall.be deemed to be instituted on the date on which the statement of charges is issued to the Government Servant or pensioner or if the Government Servant has been placed under suspension from an earlier date, on such date; and(c)judicial proceedings shall be deemed to be instituted-(i)In the case of criminal proceedings, on the date of complaint or report of a police officer, of which the Magistrate take, cognizance, is made, and(ii)in the case of civil proceedings, on the date on which client is presented in the court.Note. - (1) As soon as proceeding of the nature referred to in the above rule are instituted, the authority which institutes such proceedings should without delay, intimate the fact to the Accountant-General concerned.Note. - (2) If an officer against, whom an enquiry is held is unable to satisfactorily account for possession by himself or by any other person on his behalf, e.g., dependants, or pecuniary resources or property disproportionate to his known sources of income, a charge of corruption should be presumed to have been proved against him and the case will come within the purview of this rule. The position is that the term "grave misconduct" used in this rule is wide enough to include corrupt practices. In cases where the charge of corruption is proved only after pension has been sanctioned, and it is not therefore possible to invoke the provisions of rule 6, action to withhold or withdraw pension may be taken under this rule. In this connection [the provision of rule 9 (2) is] [Rule 9(6)(c)(ii) Note (2) for the expression 'the provisions of rules 9(2) and 9(3) are', the expression 'the provisions of rules 9(2) is' substituted - G.O.Ms.No.344, Finance (Pension) Department, dated 22-04-1994.] to be noted carefully. In accordance with these provisions the property or pecuniary resources in respect of which the [departmental proceedings] [Rule 9(6)(c)(ii) Note (2) for the expression 'the departmental or judicial proceedings ', the expression 'the departmental proceedings ' substituted - G.O.Ms.No,344, Finance (Pension) Department, dated 22-04-1994.] are instituted under rule 9 should have been acquired by the person concerned or any other person on his behalf any time within the period of four years before the institution of such proceedings if not instituted while the officer was on duty either before retirement or during re-employment.
