Pension Rule No.8: Pension Subject To Future Good Conduct
8. Pension Subject To Future Good Conduct:-
(1)(a) Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.
(b) The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct.
Provided that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of rupees three thousand five hundred per mensem.
[Authority:- RBE No.97/2013, No.2011/F(E)III/1(1)9, 23.09.2013]
Explanation: In this rule the expression-
(a) Serious Crime includes a crime involving an offence under the Official Secrets Act, 1923 (19 of 1923);
(b) Grave Misconduct includes the communication or disclosure of any secret official code or password or any sketch plan, model, article, note, documents or information, such as is mentioned in section 5 of the Official Secrets Act, 1923 (19 of 1923) which was obtained while holding office under the Government so as to prejudicially affect the interests of the general public or security of the State.
(2) Where a pensioner is convicted of a serious crime by a court of law, action under sub-rule (1) shall be taken in the light of the judgment of the court relating to such conviction.
(3) In a case not falling under sub-rule (2), if the authority referred to in sub-rule (1) considers that the pensioner is prima facie guilty of grave misconduct, it shall, before passing an order under the sub-rule (1) –
(a) Serve upon the pensioner a notice specifying the action proposed to be taken against him and the ground on which it is proposed to be taken and calling upon him to submit, within fifteen days of the receipt of the notice or such further time not exceeding fifteen days as may be allowed by the appointing authority, such representation as he may wish to make against the proposal; and
(b) Stake into consideration the representation, if any, submitted by the pensioner under clause (a).
(4) Where the authority competent to pass an order under sub-rule (1) is the President, the Union Public Service Commission shall be consulted before the order is passed.
(5) An appeal against an order under sub-rule (1), passed by any authority other than the President shall, in consultation with the Union Public Service Commission, pass such orders on such appeal, as he deems fit.
Congratulation. Good efort done. Provides awareness to readers. Please add typical case studies under each pension rule for better understanding and clarification.For an example given below what should be the outcome.
CASE STUDY= 1
A person at the time of joining Rly as khalasi, gave fathers name( fake) and forged date of birth ( education class – 9th). At the time of superanuation as loco pilot he declaired the same wrong datas (not corrected). and drawing full pension since last 9 ( nine) years. Does it comes under Serious Crime or Grave Mis-conduct. On the basis of this if Rly gets a complain, can the Appointment Authority with hold or with draw the pension or part thereof what he is getting now.. or what should be the end result.