RBE No.66/1988: Presidential powers to withhold or withdraw pensionary benefits

RBE No.66/1988

No.E(D&A)88 RG6-39, dated 28.03.1988.

Sub: Presidential powers to withhold or withdraw pensionary benefits under Para 2308 of the Establishment Code, Volume-II.

The above mentioned Rule provides that where a pensioner is found guilty of grave misconduct or negligence during the period of his service as a result of departmental or judicial proceedings, the powers to withhold or withdraw his pensionary benefits or any part of it vests with the President. As per item (b) of the Proviso to Para 2308 R-II, if the departmental proceeding is not instituted while the Railway Servant was in service, commencement of action from the stage of issue of the charge memorandum requires the sanction of the President.

Item (a) of the Proviso to Para 2308 R-II lays down that if the departmental proceedings were instituted while the railway Servant was in service, it shall be deemed to be proceedings under Para 2308 R-II and shall be continued and concluded by the authority by which it was commenced in the same manner as if the Officer had continued in service. It is pointed out that this does not mean that the authority who instituted the departmental proceeding and concluded it, has the power to pass the final orders of withholding or withdrawing the pensionary benefits. Such a power, in cases falling under Item (a) of the Proviso to Para 2308 R-II, vests only with the President. Accordingly, in such cases, after the conclusion of the departmental proceedings and where it is proposed to effect a cut in pensionary benefits, a reference should be made to the Railway Board’s Officer for obtaining the sanction of the President to effect a cut in pension. In such cases, the original documents as per check list enumerated in Board’s letter No.E(D&A)85 RG6-49 dated 12.03.1987 must invariably be sent along with the Railway’s proposal.

Index – Pension cut under 2308 R-II

Even where departmental proceedings are instituted while in service, final order of cut in Pension can be passed only by the President.