(iii) Guidelines for acceptance of notice.- A notice of voluntary retirement given after completion of twenty years' qualifying service will require acceptance by the appointing authority if the date of retirement on the expiry of the notice would be earlier than the date on which the Government servant concerned could have retired voluntarily under the existing rules applicable to him (e.g., FR 56(k), Rule 48 of the Pension Rules, Article 459 (i) of CSRs or any other similar rule). Such acceptance may be generally given in all cases except those (a) in which disciplinary proceedings are pending or contemplated against the Government servant concerned for the imposition of a major penalty and the disciplinary authority, having regard to the circumstances of the case, is of the view that the imposition of the penalty of removal or dismissal form 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 Government servant concerned. If it is proposed to accept the notice of voluntary retirement even in such cases, approval of the Minister-in charge should be obtained in regard to Group 'A' and Group 'B' Government servants and that of the Head of the Department in the cases of Group 'C' and Group 'D' Government servants. Even where the notice of voluntary retirement given by a Government servant requires acceptance by the appointing authority, the Government servant 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.(iv) Pension subject to future good conduct.The pension will be subject to the provisions of rules 8 and 9 of these rules. (v) Availing leave standing to credit along with notice period.- A Government servant giving notice of voluntary retirement may also apply, before the expiry of the notice, for the leave standing to his credit which may be granted to him to run concurrently with the period of notice given by him for seeking voluntary retirement. In case a Government servant applies for Voluntary Retirement while already on extraordinary leave other than on medical ground, the notice period need not be insisted upon and his request may be accepted with immediate effect, provided he is clear from vigilance angle. However, if a Government servant while already on extraordinary leave on medical ground, applies for voluntary retirement the notice period, if any, given may be accepted and he may be allowed t retire after the expiry of the notice period subject to vigilance clearance.
