Pension Rule No.9: Right Of The President To Withhold Or Withdraw Pension

9.    Right Of The President To Withhold Or Withdraw Pension:-

(1)      The President reserves to himself the right of withholding or withdrawing a pension or gratuity, or both, either in full or in part, whether permanently or for a specified period, and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Railway, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service, including service rendered upon re-employment after retirement;

Provided that the Union Public Service Commission shall be consulted before any final orders are passed.

Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of rupees three thousand five hundred per mensem.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]

(2)      The departmental proceedings referred to in sub-rue (1):-

(a)      If instituted while the railway servant was in service whether before his retirement or during his re-employment, shall after the final retirement of the railway servant, be deemed to be proceeding under this rule and shall be continued and concluded by the authority by which they commenced in the same manner as if the railway servant had continued in service.

Provided that where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President;

(b)      If not institute while the railway servant was in service, whether before his retirement or during his re-employment:-

(i)    Shall not be instituted save with the sanction of the President;

(ii)    Shall not be in respect of any event which took place more than four years before such institution; and

(iii)   Shall be conducted by such authority and in such place as the President may direct and in accordance with the procedure applicable to departmental proceedings in which and, order in relation to the railway servant during his service.

(3)      In the case of a railway servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental or judicial proceedings are instituted or where departmental proceedings are continued under sub-rule (2), a provisional pension as provided in rule 10 shall be sanctioned.

[Authority: RBE No.100/2000, No.F(E)III/99/PN 1/(Modification), 23.5.2000]

(4)      Where the President decides not to withhold or withdraw pension but orders recovery of pecuniary loss from pension, the recovery shall not ordinarily be made at a rate exceeding one third of the pension admissible on the date of retirement of a railway servant.

(5)      For the purpose of this rule:-

(a)   Departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the railway servant or pensioner, or if the railway servant has been placed under suspension from an earlier date, on such date; and

(b)   Judicial proceedings shall be deemed to be instituted:-

(i)  In the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes cognizance, is made; and

(ii) In the case of Civil proceedings, on the date the plaint is presented in the Court.