Right of President to withhold or withdraw pension

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9. Right of President to withhold or withdraw pension
1
[(1) The President reserves to himself the right of withholding a pension or gratuity, or both, either in full
or in part, or withdrawing a pension in full or in part, whether permanently or for a specified period, and of
ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the
Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave
misconduct or negligence during the period of service, including service rendered upon re-employment after
retirement :
Footnote : 1. Substituted by G.I., Dept. of P. & P.W., Notification No. 7/14/90-P. & P.W. (F), dated the 23rd
August, 1991, published as S.O. No. 2287 in the Gazette of India, dated the 7th September, 1991.
 Provided that the Union Public Service Commission shall be consulted before any final orders are passed :
 Provided further that where a part of pension is withheld or withdrawn the amount of such pensions shall
not be reduced below the amount of rupees three hundred and seventy-five per mensem.]
(2) (a) The departmental proceedings referred to in sub-rule (1), if
instituted while the Government servant was in service whether
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before his retirement or during his re-employment, shall, after the
final retirement of the Government servant, be deemed to be
proceedings under this rule and shall be continued and concluded
by the authority by which they were commenced in the same
manner as if the Government servant had continued in service :
 Provided that where the departmental proceedings are instituted by an authority subordinate to the
President, that authority shall submit a report recording its findings to the President.
(b) The departmental proceedings, if not instituted while the
Government servant was in service, whether before his retirement,
or during his re-employment, -
(i) shall not be instituted save with the sanction of the President,
(ii) shall not be in respect of any event which took place more
than four years before such institution, and
(iii) shall be conducted by such authority and in such place as the
President may direct and in accordance with the procedure
applicable to departmental proceedings in which an order of
dismissal from service could be made in relation to the
Government servant during his service.
(3) 1omitted
Footnote : 1. Deleted by G.I., Dept. of P. & P.W., Notification No. 38/189/88-P. & P.W. (F), dated the 4th
February, 1992, published as G.S.R. 55 in the Gazette of India, dated the 15th February, 1992.
(4) In the case of Government servant who has retired on attaining the age of superannuation or otherwise
and against whom any departmental or judicial proceedings are instituted or where departmental proceedings
are continued under sub-rule (2), a provisional pension as provided in 2
[Rule 69] shall be sanctioned.
Footnote : 2. Substituted by G.I., Dept. of Per. & A.R., Notification No. 6(1), Pen. (A)/79, dated the 19th
May, 1980.
(5) Where the President decides not to withhold or withdraw pension but orders recovery of pecuniary loss
from pension, the recovery shall not ordinarily be made at a rate exceeding one-third of the pension
admissible on the date of retirement of a Government servant.
(6) For the purpose of this rule, -
(a) departmental proceedings shall be deemed to be instituted on the date on
which the statement of charges is issued to the Government servant or
pensioner, or if the Government servant has been placed under suspension
from an earlier date, on such date ; and
(b) judicial proceedings shall be deemed to be instituted -
(i) in the case of criminal proceedings, on the date on which the
complaint or report of a police officer, of which the Magistrate takes
cognizance, is made, and
(ii) in the case of civil proceedings, on the date the plaint is presented in
the court.