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    This document summarizes guidelines regarding issuing a show cause notice to a pensioner before imposing a cut in their pension if they are convicted of an offense committed while in service. Specifically, it states that if a full inquiry was conducted while the person was in service per the CCS rules, no further notice is needed. However, if the conviction occurs via a court/judicial proceedings after retirement, a show cause notice must be issued to the pensioner to meet the principles of natural justice before any pension cut is imposed. The document circulates these instructions for information and guidance to be applied mutatis mutandis on the Railways as well.

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    This document summarizes guidelines regarding issuing a show cause notice to a pensioner before imposing a cut in their pension if they are convicted of an offense committed while in service. Specifically, it states that if a full inquiry was conducted while the person was in service per the CCS rules, no further notice is needed. However, if the conviction occurs via a court/judicial proceedings after retirement, a show cause notice must be issued to the pensioner to meet the principles of natural justice before any pension cut is imposed. The document circulates these instructions for information and guidance to be applied mutatis mutandis on the Railways as well.

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    109 views2 pages

    08 2007

    Uploaded by

    msnhot40
    This document summarizes guidelines regarding issuing a show cause notice to a pensioner before imposing a cut in their pension if they are convicted of an offense committed while in service. Specifically, it states that if a full inquiry was conducted while the person was in service per the CCS rules, no further notice is needed. However, if the conviction occurs via a court/judicial proceedings after retirement, a show cause notice must be issued to the pensioner to meet the principles of natural justice before any pension cut is imposed. The document circulates these instructions for information and guidance to be applied mutatis mutandis on the Railways as well.

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    South East Central Railway Headquarters Office Personnel Department Bilaspur (CG),495 004 Dated 16.01.

    2007

    No. P-HQ/Ruling/Retirement benefits/102/323 Estt Rule No 08/2007 To All concerned

    Sub:- Issue of a show cause notice to the pensioner before imposing a cut in his pension where the pensioner is convicted in judicial proceedings for an offence committed by him while in service. A copy of Railway Boards letter No. F(E)III/2004/PN1/42 dated 20.12.2006 (RRE.No194/2006) is published for information, guidance and necessary action. Encls.- As above (2 pages). (Hindi version will follow). (T Lakra) Sr. Personnel Officer(RRT) For Chief Personnel Officer Copy of Railway Boards letter No. F(E)III/2004/PN1/42 dated 20.12.2006 (RRE.No194/2006) addressed to the General Manager/SECR. Sub:- Issue of a show cause notice to the pensioner before imposing a cut in his pension where the pensioner is convicted in judicial proceedings for an offence committed by him while in service. A copy of Department of Pension & Pensioners' Welfare (DOP& PW's) OM No 38/64/05-P&PW(A) dated 09.11.2006 is circulated for information and guidance. These instructions shall apply mutatismutandis on the Railways. 2. DOP& PW's OM dated 01.01.1987 referred to in the enclosed O.M. was adopted on the Railways vide Board's letter No. F(E)III/87/PN1/5 dated 20.05.1987. CCS (CCA) Rules mentioned in the O.M. corresponds to Railway Servants (D&A) Rules. DA- as above. Sd/-(S.SREERAM) Joint Director, Finance (Establishment), Railway Board. No. 38/64/05-P&PW(A) Government of India Ministry of Personnel, PG and Pensions Department of Pensions and Pensioners Welfare 3rd Floor, Lok Nayak Bhawan, Khan Market, New-Delhi-110003 Dated the 9th November, 2006. OFFICE MEMORANDUM Sub:- Issue of a show cause notice to the pensioner before imposing a cut in his pension where the pensioner is convicted in judicial proceedings for an offence committed by him while in service.

    As per this Departments OM No. 38/31/86-P&PW dt. 1st January, 1987 (GOI Decision No. 4 below Rule 9 of CCS (Pension) rules, 1972). When a full-fledged enquiry under CCS (CCA) Rules has been conducted and the person concerned has been given an opportunity to show cause in the proceedings, it is not necessary to give the pensioner concerned any further opportunity to show cause before imposing the cut in pension. 2. The question whether a show-cause notice to the pensioner is necessary before imposing a cut in his pension where the pensioner is convicted in judicial proceedings for an offence committed by him while in service, has been examined in consultation with Department of Legal Affairs and it has been decided that in order to meet the principal of natural justice, it is a pre-requisite to issue a show-cause notice on the basis of conviction by the court to the pensioner before imposing any cut in his pension for clear manifestation of principle of natural justice. Sd/- (Geeta Ram) Director (PW) Tele No. 24624752

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