Voluntary retirement under FR 56(k), etc. and amendment of Rules.

No.25013/3/2010-Estt (A) 

Government of India 

Ministry of Personnel, Public Grievances and Pensions 

Department of Personnel and Training 

North Block, New Delhi-n0 001 

Dated : 27th February, 2014 

Subject : Voluntary retirement under FR 56(k), etc. and amendment of Rules.

The provisions of Fundamental Rule 56(k), 56(m) and Rule 48 of CCS(Pension) Rules,
1972 relating to acceptance of request of voluntary retirement have been revisited as per
the Central Administrative Tribunal, Principal Bench judgement dated 4th August, 2010 in
0.A.No.1600/2009 filed by Shri Gopal Singh Purohit Vs U01 & Others to bring them at par
with each other.
2.The matter has 'been examined in consultation with Department of Pension and
Pensioners Welfare and the Ministry of Law. FR 56(k) and 56 (m) have been amended vide
Extra Ordinary Gazette Notification No.GSR.27(E) dated 17 th January, 2014. It shall be open
to the appropriate authority to withhold permission to a Government servant who seeks to
retire under FR 56(k) or 56 (m) in the following circumstances:
(i) If the Government servant is under suspension ; or
(ii) If a charge sheet has been issued and the disciplinary proceedings are
pending; or
(iii) If judicial proceedings on charges which may amount to grave misconduct,
are pending.
Explanation: For the purpose of this clause, judicial proceedings shall be deemed to
be pending, if a complaint or report of a police officer, of which the Magistrate takes
cognizance, has been made or filed in a criminal proceedings.
3. Copy of the Gazette Notification No.G.S.R.E.(27) dated 17.1.2014 amending FR 56(k)
and FR 56(m) is enclosed.
4. All Ministries/Departments are requested to bring the contents of this O.M. to the
notice of all concerned.

(B.Bandyopadhyay)
Under Secretary to the Government of India
To Tel.No.23040341