The pension and gratuity of a retired Central Government employee can be stopped if found guilty of grave misconduct or negligence during service, as per Central Civil Services (Pension) Rules 2021. The Central Government recently notified an amendment to Rule 8 of the CCS (Pension) Rules 2021.
The amendment provides for the authorities who can take the decision to withhold the pension or gratuity, or both, of a retired employee. These are:
- the President, in the case of a pensioner who retired from a post for which the President is the appointing authority
- the Secretary of the Administrative Ministry or Department, in the case of a pensioner who retired from a post for which an authority subordinate to the President is the appointing authority
- the Comptroller and Auditor-General of India, in the case of a pensioner who retired from the Indian Audit and Accounts Department, from a post for which an authority subordinate to the President is the appointing authority.
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What the authorities can do
As per the amended Rule 8 notified on October 7, the above authorities can withhold a pension or gratuity, or both, either in full or in part, or withdraw a pension in full or in part if the pensioner is found guilty of “grave misconduct or negligence during the period of service” in any departmental or judicial proceedings. Service rendered upon re-employment after retirement can also come under the scanner.
The authorities can withhold the pension or gratuity permanently or for a specified period. They can also order recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government.
Union Public Service Commission will be consulted before any final orders are passed by the President under this sub-rule. Also, in a case where a part of the pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of minimum pension under rule 44, which is Rs 9000/month.