(1) Notwithstanding anything contained in regulation 29, 30 and 31, the disciplinary authority may impose any of the penalties specified in regulation 27 in any of the following circumstances, namely:-
(i) where the employee has been convicted on a criminal charge or on the strength of facts or conclusions arrived at by a judicial trial; or
(ii) where the disciplinary authority is satisfied, for reasons to be recorded in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these regulations; or
(iii) where the disciplinary authority is satisfied that in the interest of the security of the Authority it is not expedient to hold inquiry in the manner provided in these regulations.
(2)(i) Disciplinary proceedings, if initiated while the employee was in service whether before his retirement or during his re-employment, shall after the final retirement of the employee, be deemed to be proceeding and shall be continued and concluded by the authority by which it was commenced in the same manner as if the employee had continued in service.
(ii) During the pendency of Disciplinary Proceedings the Disciplinary Authority may withhold payment of gratuity, for ordering the recovery from gratuity of the whole or part of any pecuniary loss caused to the Authority if the employee is found in a disciplinary proceedings or judicial proceedings to have been guilty of offences and misconduct as mentioned in Sob-section
(6) of Section (4) of the Payment of Gratuity Act 1972 or to have caused pecuniary loss to Authority by misconduct or negligence during his service, including service rendered on deputation or on re-employment after retirement. However, the provisions of Section 7(3) and 7(3A) of the Payment of Gratuity Act, 1972 should be kept in view in the event of delayed payment, in case the employee is fully exonerated.