What are the similarities and distinctions between Rule 8 and Rule 9 of the CCS (Pension) Rules?

12. What are the similarities and distinctions between Rule 8 and Rule 9 of
the CCS (Pension) Rules?
Similarities
(a) Both deal with reduction of Pension
(b) Both prescribe a minimum pension to be left after withdrawal/withholding
(c) Withdrawal may be for specified period or permanently
Points of distinctions
S. No Rule 8 Rule 9
(a) Relates to post-retirement conduct
of the pensioner
Relates to the misconduct committed
during the service period – noticed
either during the service or after
retirement
(b) Confined to withdrawing pension
only
Question of withholding does not
arise because action is initiated
after the sanction of pension
For the same reason, this rule
does not deal with gratuity.
Provides for withholding of gratuity and
pension (if the same were not
sanctioned by the time action is taken)
Withdrawal of pension – as pension
has already been sanctioned, gratuity
also might have been released (in
cases where the misconduct
committed during service period comes
to notice after retirement.
Recovery from pension
(c) Order for withdrawal of pension is
to be made after issue of show
cause notice
Order may be made only if the person
is found guilty of grave misconduct or
negligence in a departmental or judicial
proceedings
(d) Powers are vested with Appointing
Authority
Powers vest only with the President.
(e) Consultation with UPSC is
necessary only if the powers are
exercised by the President (in the
capacity of Appointing Authority)
Consultation with UPSC is always
necessary because President alone
has powers under Rule 9.

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(f) Action must be initiated on the
basis of conviction in a serious
crime or grave misconduct
Basis of action must be found guilty of
grave misconduct or negligence in a
departmental or judicial proceedings.