1000 TIT BITS ON DISCIPLINE -133
541. Reduction in Pension.
Rule 40 of the C.C.S. (Pension) Rules, 1972 provides that the pension or gratuity or both may be reduced by the appointing authority in the case of a person on whom the penalty of compulsory retirement has been imposed. But the reduction cannot exceed one-third of the full compensation pension or gratuity or both admissible to him on the date of his compulsory retirement. However, the pension granted shall not be less than Rs.1,275 per month. The U.P.S.C. shall be consulted in all cases where the order to impose reduction is passed by the President, either originally or in appeal or review [Rule 40(2), ibid.) The intention of the Government is, ordinarily, to grant full pensionary benefits except where the circumstances of a particular case warrant otherwise
(GI MOF Lett No.F 7(22)E.V/56 dated the 3rd June, 1957).
542. Leave encashment.
The Government of India vide. DOP&T O.M. No. 14028/1/2004-Estt. (L), dated 13.2.2006, have decided that the benefit of encashment of earned leave at the time of compulsory retirement as a measure of penalty, even where a cut in pension has been imposed, shall be allowed. Consequently, Rule 39(5-A) of the CCS (Leave) Rules, 1972, has been deleted.
543. Where the penalty of compulsory retirement is imposed on a Government servant, he shall be entitled to the Terminal Benefits in accordance with the provisions of Rule 10(1A) of the Central Civil Services (Temporary Service) Rules, 1965.
544. Removal or Dismissal from service
Dismissal from service is the extreme penalty which can be imposed upon a Government servant. It puts an indelible stigma on the character of the person concerned. He is disqualified from future employment under the State, except in exceptional circumstances, for instance, a national emergency etc. The removal from service does not entail any such disqualification.
545. The dismissal or removal from service entail forfeiture of the retirement benefits [Rule 24 of the Central Civil Services (Pension) Rules, 1972]. However, in deserving cases Compassionate Allowance, not exceeding two-third of the compensation pension (subject to the prescribed minimum amount) or gratuity or both otherwise admissible, may be sanctioned by the authority competent to dismiss or remove him from service [Rule 41, ibid.). Although this allowance is sanctioned on compassionate grounds, it has all the features of the normal pension and, hence, once sanctioned cannot be withdrawn, except by the procedure prescribed in Rule 8 of the Pension Rules. It can also be commuted in the normal manner [MOF O.M. No. F.14(3)-E.V(A)/76, dated 23-4-1977). The grant of Family Pension is also eligible in the cases where compassionate allowance was granted [Rule 54(2)(6), CCS (Pension) Rules, 1972).
In case the employee is under suspension when the penalty of removal or dismissal from service is imposed, the subsistence allowance relating to the period of suspension remains restricted to what he has already been paid because no further orders in terms of F.R. 54-B are to be made in this case.
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