CHAPTER XV

ACTION AGAINST PENSIONERS

1. Circumstances in which pension may be reduced, withheld or

with drawn.

1.1. A pension is not in the nature of a reward. It is an obligation on

Government which can be claimed by a retired Government servant as a
right.

1.2. rule 6 of the CCS (Pension) Rules, 1972, has been deleted w.e.f.
03.03.1980. As a result it is no longer necessary to go through the
exercise of determining whether any part of the qualifying service of the
retiring Government servant was unsatisfactory. Thus, the question of
making any reduction in pension would not arise except in cases where
provisions of Rule 9 relating to departmental or judicial proceedings are
invoked.

1.3. After pension has been granted, future good conduct is an implied
A(24) condition of its continued payment. The appointing authority can
withhold or withdraw a pension or any part of it if the pensioner is
convicted of serious crime or is found guilty of grave misconduct [vide
Rule 8 of the CCS (Pension) Rules, 1972].

1.4. Under Rule 9 of the CCS (Pension) Rules, 1972, the President has
A(24) reserved to himself the right of withholding or withdrawing a pension or
any part of it, whether permanently or for a specified period, and of
ordering recovery from the pension of whole or part of any pecuniary
loss caused to Government if the pensioner is found, in a departmental
or judicial proceedings, to have been guilty of grave misconduct or
negligence during the period of his service including his service under
re-employment.
 267
Chap. XV] ACTION AGAINST PENSIONERS
___________________________________________________________________________________
2. Action in cases in which departmental proceedings had been
initiated before retirement.

2.1. If departmental proceedings had been initiated against a Government

servant under the C.C.A. Rules while he was in service, including re-
employment, the proceedings will be deemed to be proceedings under
Rule 9 of the CCS (Pension) Rules, 1972 and will be continued and
concluded by the authority by which the proceedings were commenced
in the same manner as if the Government servant had continued in service.

2.2. If the proceedings had been initiated by an authority subordinate to

the President, such authority will submit the report of the Inquiring
Authority, after recording its findings to the Government, as the power to
pass orders in such a case vests in the President under Rule 9 of the CCS
(Pension) Rules, 1972.

2.3. In terms of Rule 9(2) (a) of the C.C.S. (Pension) Rules, 1972, the
Central Government has the power to withhold or withdraw pension even
as a result of minor penalty proceedings instituted against the Government
servant, while in service, and continued after his retirement, provided
grave misconduct or negligence is established. It should however be the
endeavour of the disciplinary authority to see that minor penalty
proceedings instituted against a Government servant, who is due to retire,
are finalised quickly and preferably before his retirement so that the need
for continuing such proceedings beyond the date of retirement does not
arise.

2.4. Even though there is no statutory requirement in Rule 9(1) of the

C.C.S. (Pension) Rules, 1972, for giving a show-cause notice, the
principles of natural justice would have to be followed. It would, therefore,
be necessary to issue a show-cause notice to the pensioner, giving him an
opportunity to represent against the proposed penalty (if no inquiry has
been held in the manner provided in Rule 14 of the C.C.S. (CCA Rules),
and take his representation into consideration before obtaining the advice
 268
VIGILANCE MANUAL [Chap. XV
___________________________________________________________________________________________________
of the UPSC and passing the final order. However, there is no need to
issue a show-cause notice where an oral inquiry in which the
Government servant/pensioner has had a reasonable opportunity to
defend his case was held. In such cases, a copy of the inquiry report
may be sent to him giving him an opportunity to make any representation
or submission as stated in para 1.2, chapter XII.

2.5. If common inquiry had been ordered when all the co-accused were
in service and if one of them retires before the completion of the inquiry,
the proceedings can be continued under Rule 9 (2) of the CCS (Pension)
Rules, 1972. It is not necessary to split up the enquiries the moment
one of the officers retires. On receipt of the report of Inquiring Authority,
the disciplinary authority can straight-away impose a punishment on
the officers in service. But he will have to submit his findings to the
Government in respect of the retired officer.

3. Action in cases in which a Government servant had retired

from service.

3.1. If departmental proceedings had not been instituted while the

officer was in service including the period of his re-employment, if any,
proceedings under Rule 9 of the CCS(Pension) Rules, 1972 can be A(19)
instituted only:-

a) by or with the sanction of the President, and

b) in respect of a cause of action which arose, or in respect of

E(12)
any event which took place not earlier then four years
before the institution of the proceedings.

3.2. The proceedings will be conducted by such authority and at such

placed as the President may direct and in accordance with the procedure
applicable in departmental proceedings in which an order of dismissal
from service could be made in relation to the Government servant during
 269
Chap. XV] ACTION AGAINST PENSIONERS
___________________________________________________________________________________
his service.

3.3. A standard form of Memorandum of charges to be served on the

pensioner is given in Section E. On receipt of his reply an inquiry will be
held in accordance with the procedure prescribed in Chapter XI. On
receipt of the report of the Inquiring Authority, if Government decides to
take action under Rule 9 of the CCS (Pension) Rules, 1972, further
E(13) action will be taken as stated in para 2.4 above.

3.4. On receipt of the reply of the pensioner the Union Public Service
Commission will be consulted in all cases in which action is proposed to
be taken under rule 9 of the CCS (Pension) Rules, 1972. After considering
the reply of the pensioner and the advice of the Union Public Service
Commission, orders will be issued in the name of the President under
D(8) the signature of an office authorised to authenticate order on behalf of
the President.

4. Judicial proceedings

4.1. If a Government servant is found guilty of a grave misconduct or

negligence as a result of judicial proceedings instituted against him before
his retirement, including re-employment, action may be taken against
him by Government under Rule 9 of the CCS (Pension) Rules, 1972.
Such action cannot, however, be taken on the results of any proceedings
instituted after his retirement unless the proceedings relate to a cause of
action which arose or an event which took placed not more than four
years before the date of the institution of such proceedings.

4.2. the Union Public Service Commission is to be consulted before

making any order under Rule 9 of the CCS (Pension) Rules, 1972 on the
basis of the results of any judicial proceedings.

5. Determination of the date of institution of proceedings.

 270
VIGILANCE MANUAL [Chap. XV
___________________________________________________________________________________________________
5.1. For the purposes of rule 9 of the CCS (Pension) Rules, 1972, a
departmental proceedings will be deemed to have been instituted on the
date on which the statement of charge is issued to the Government servant
or to the pensioner concerned or if he had been placed under suspension
from an earlier date from the date of suspension.

5.2. A judicial proceedings will be deemed to be instituted:-

(a) in the case of criminal proceedings, on the date on which

the complaint or report of police office, of which the
Magistrate takes cognisance, is made, and

(b) in the case of civil proceedings on the date of presentation

of the plaint in the Court.

6. Recovery from Pension of pecuniary loss caused to

Government.

In cases where pension as such is not withheld or withdrawn but

the amount of any pecuniary loss caused to Government is ordered to be
recovered from pension, the recovery should not ordinarily be made at a
rate exceeding one third of the gross pension originally sanctioned
including any amount which may have been commuted. This is an
administrative decision based more on equitable considerations for,
legally speaking, it is permissible under rule 9 of the CCS (Pension)
Rules, 1972 to set off the pension in full towards the recovery.
D(12)
7. Possession of disproportionate assets.
D(13)
The term “grave misconduct” used in rule 9 of the CCS (Pension)
Rules, 1972 is wide enough to include corrupt practices. In cases in
which the charge of corruption on that ground is proved after pension
has been sanctioned action to withhold or withdraw the pension may be
taken under Rule 9 of the CCS (Pension) Rules, 1972. If proceedings
are to be instituted under rule 9 of the CCS (Pension) Rules, 1972 after
 271
Chap. XV] ACTION AGAINST PENSIONERS
___________________________________________________________________________________
the retirement of the Government servant, the property or pecuniary
D(15) resources in respect of which the proceedings are to be instituted should
have been in possession of the retired Government servant or by any
other person on his behalf at any time within a period of four year before
the institution of such proceedings.

8. Travelling allowance to a retired Government servant to

attend departmental enquiry instituted against him.

A retired Government servant who is required to attend a

departmental enquiry instituted against him under rule 9 of the CCS
(Pension) Rules, 1972 may be allowed travelling allowances as on tour
by the shortest route for the journey in connection with enquiry from his
‘home-town’ (declared as such for the purposes of Leave Travel
Concession by Central Government servants) to the place of enquiry
and back or in case of a person concerned who has taken up residence
after retirement at a place other than the ‘home-town (vide S.R. 146 &
147) for journey from such place of residence to the place enquiry and
back. However, if at the time of receipt of summons, the retired
Government servant is at a place different from his ‘home-town’ or his
place of residence, the travelling allowance should be restricted to the
shorter of the two journeys between that place and the place of enquiry
and between the ‘home-town/place’ of residence and the place of enquiry.
The travelling allowance shall allowed on the basis of the pay of the
post held by the retired Government servant immediately prior to
retirement. No advance of travelling allowance should be paid in
connection with such journeys.

9. Action against officer of the All India Services.

Similar action against officers of the All India Services can be taken
in accordance with the provisions of Rule 6 of the All India Services
(Death cum Retirement Benefit) Rules, 1958.