Rules, Rights & Rites -179
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Amendment to Rule 8 of the CCS (Pension) Rules, 2021:
• The Department of Telecommunications has circulated the Department of Pension & Pensioners' Welfare (DoP&PW) O.M. dated 10.04.2023 regarding the amendment of Rule 8 of the CCS (Pension) Rules, 2021, for strict implementation.
• Under the earlier version of Rule 8 (and the repealed Rule 9 of the 1972 Rules), the President alone held the power in all cases to withhold or withdraw a pension/gratuity if a pensioner was found guilty of grave misconduct or negligence during their service.
• Under the amended Rule 8 (effective via Notification dated 07.10.2022), presidential approval is now strictly restricted to pensioners who retired from posts where the President is the appointing authority.
• For all other posts, the Secretary of the Administrative Ministry/Department, or the Comptroller and Auditor-General of India (for the Indian Audit and Accounts Department), is now competent to order the withholding or withdrawing of pension or gratuity.
• Consultation with the UPSC is no longer required for cases where the President is not the appointing authority.
• If a case was already submitted to the President at any stage during the ongoing departmental or judicial proceedings for orders, a final decision on withholding/withdrawing pension must still be taken with the approval of the President, and UPSC consultation remains mandatory.
• In cases where proceedings were initiated before retirement by a subordinate authority but the final findings report has not yet been submitted to the President, the case does not need to be sent to the President or UPSC. The final decision can be taken directly by the respective Ministry Secretary or CAG.
(DG (P) No. 36-03/2019-Pen(T) (Circulating DoP&PW O.M. F. No. 38/41/19-P&PW(A) [6018]) Dated: April, 2023 (DoP&PW O.M. dated 10.04.2023)
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