Pension Rule No.107: Power of relax
107. Power of relax:-
Where the pension sanctioning authority is satisfied that the operation of any of these rules causes undue hardship in any particular case, that authority, may for reasons to be recorded in writing, approach the Ministry of Railways (Railway Board) for dispensing with or relaxing the requirements of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner. The Ministry of Railways (Railway Board) shall examine each such case and arrange to communicate the sanction of the President to the proposed dispensation or relaxation, as it may consider necessary keeping in view the merits of each case and keeping in view of other statutory provisions:
Provided that no such order shall be made without concurrence of the Department of Pension and Pensioners’ Welfare, in the Ministry of Personnel, Public Grievances and Pensions, Government of India.
if prosecution for a criminal case is pending with state of pujab vs an Rly.employee (other than the department of railway) which action can be taken on the retirement of an employee.
If the employee is still in service, he may either be placed under suspension or charge sheet may be served under Railway Servants (Discipline and Appeal) Rules, 1968, and if the employee is retired & criminal misconduct is within 4 years period, action may be taken under Rule 9 of the Railway Service (Pension) Rules, 1993.