175. Knowledge Spectrum – Discipline – POST RETIREMENT PROCEEDINGS 92
282. What is the status of relationship between a pensioner and the former employer?
Rule 8 of the CCS (Pension) Rules 1972 provides that grant and continuance of pension is subject to future good conduct.
283. What are the conditions under which pension can be withheld or withdrawn?
Following are the two conditions under which pension may be either withheld or withdrawn:
When the pensioner is
(a) convicted of a serious crime or
(b) found guilty of a grave misconduct
284. Who has power to withhold or withdraw pension?
Rule 8(1) (b) of the Pension Rules provides that Appointing Authority order withholding and withdrawing pension
285. What is the procedure to be followed in the case of a pensioner convicted of a serious crime?
As per rule 8(2), action regarding withholding or withdrawing pension is to be taken in the light of the judgment of the court relating to the conviction.
Although it is not explicitly stated in the rules, such an action should be preceded by issue of a show cause notice and examination of the reply by the pensioner. This course of action will be on the same analogy with Rule 19(i) of CCA Rules under similar circumstances.
286, What is the procedure to be followed in the case of a grave misconduct?
Rule 8(3) provides for issue of a notice specifying the action proposed to be taken and the grounds for the same. Time of fifteen days may be granted for reply which is extendable for another span of fifteen days. Final order may be passed taking the reply into account.
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