Minor Penalty: Withholding Pensionary Benefits
No.E(D&A)87 RG6-113, dated 11.11.1987
Sub: Minor penalty proceedings initiated against Railway Servants while in service – Continuation for withholding of pensionary benefits under 2308-R.II.
1. Attention is invited to Board’s confidential letter No.E(D&A)81 RG6-26, dated 23.07.1981 circulating Department of Personnel’s confidential OM No.134/10/80-AVD.I, dated 28.02.1981.
2. A copy of the DOP’s latest confidential OM No.134/9/86-AVD.I, dated 31.07.1987 is enclosed. It will be seen there from that the contents of Board’s letter 23.07.1981 referred to above, circulating DOP’s instructions dated 28.02.1981 stands cancelled, and that it will be in order to continue even minor penalty proceedings in terms of Rule 2308-R.II provided grave misconduct or negligence is established. Issuing a show cause notice (where no oral enquiry was held) to represent against proposal to effect cut in pension and consultation with UPSC is, however, necessary in such cases.
3. The contents of the Department of Personnel’s latest orders may please be brought to the notice of all concerned. Notwithstanding these orders, disciplinary authorities should endeavour to ensure that minor penal proceedings are, in fact, concluded quickly and the need for such proceedings arising out of Minor Penalty normally do not arise.
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
OM No.134/9/86-AVD.I, dated 31st July, 1987
OFFICE MEMORANDUM
Sub: Minor Penalty proceedings initiated while in service – Question whether it is necessary to hold an oral inquiry for effecting a cut in pension as a result of.
1. This Department’s Office Memorandum No.134/10/80-AVD.I, dated the 28th Feb, 1981 may be treated as cancelled.
2. It is clarified that, in terms of Rule 2308-R.II of the Indian Railway Estt. Code Vol-II, the Central Government has the power to withhold or withdraw pension even as a result of a minor penalty proceedings instituted while the charged officer was in service and which was continued after his retirement, provided grave misconduct or negligence is established.
3. The question whether the procedure followed in the conduct of a minor penalty proceeding would amount to affording a reasonable opportunity to the charged officer so as to impose the penalty of withholding or withdrawing his pension has also been considered. It is clarified that, even though there is no statutory requirements in Rule 2308-R.II ibid for giving a show cause notice, the principles of natural justice would have to be followed. This would require giving an opportunity to the pensioner to represent against the proposed penalty. It would, therefore, be necessary to issue a show cause notice to the pensioner and to take his representation into consideration before obtaining the advice of the Union Public Service Commission and passing the final order. However, there is no need to issue a show cause notice, where an oral inquiry, in which the Government servant/ pensioner has had a reasonable opportunity to defend his case, was held.
4. It is, however, reiterated that it should be the endeavour of the disciplinary authority to see that a minor penalty proceeding instituted against a Railway servant, who is due to retire, is finalised quickly and normally before his retirement so that the need for continuing such proceeding beyond the date of retirement does not arise.
Download Railway Board Circular dated 11.11.1987
Forward reference ⇒ RBE No.