Minor penalty proceedings have no effect on pension.

Minor penalty proceedings have no effect on pension. - No.134/9/86-AVD.I Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) ------ New Delhi dated the 31st July, 1987. (AV SERIES CIRCULAR No.695) OFFICE MEMORANDUM Subject:- Minor Penalty proceedings initiated while in service-Question whether it is necessary to hold an oral inquiry for effecting a cut in pension as a result of- ------- This Department’s Office Memorandum No.134/10/80-AVD.I, dated the 28th Feb, 1981 may be treated as cancelled. 2. It is clarified that, in terms of Rule 9 (2) (a) of the CCS (Pension) Rules, 1972, the Central Government has the power to withhold or withdraw pension even as a result of a minor penalty proceedings instituted while the charged officer was in service and which was continued after his retirement, provided grave misconduct or negligence is established. 3. The question whether the procedure followed in the conduct of a minor penalty proceedings would amount to affording a reasonable opportunity to the charged officer so as to impose the penalty of withholding or withdrawing his pension has also been considered. It is clarified that, even though there is no statutory requirements in Rule 9 (1) ibid for giving a show-cause notice, the principles of natural justice would have to be followed. This would require giving an opportunity to the pensioner to represent against the proposed penalty. It would, therefore, be necessary to issue a show-cause notice to the pensioner and to take his representation into consideration before obtaining the advice of the Union Public Service Commission and passing the final order. However, there is no need to issue a show-cause notice, where an oral inquiry, in which the Government servant/pensioner has had a reasonable opportunity to defend his case, was held. 4. It is, however, reiterated that it should be the endeavour of the disciplinary authority to see that a minor penalty proceeding instituted against a Government servant, who is due to retire, is finalised quickly and normally before his retirement so that the need for continuing such proceeding beyond the date of retirement does not arise. 1/30/2019 CHAPTER http://persmin.nic.in/pension/rules/pencomp2.htm#Regulation%20of%20claims%20to%20pension%20or%20family%20pension 15/21 Sd/- (K.N.K. KARTHIAYANI) DIRECTOR To All the Ministries/Deptts. of the Government of India