Read
the following:
In the letter read
above, while forwarding the Annual Report of the Andhra Pradesh Vigilance Commission
for the year 2010-11, the Principal Secretary to Government (Poll) has requested
to take action. In the Annual Report for the year 2010-11 the Vigilance
Commissioner reported to consider to amend the Rule 52 of the Andhra Pradesh
Revised Pension Rules, 1980, for stoppage of Provisional Pension to a retired
Government Servant immediately following his conviction in cases of corruption
and misconduct, even though their appeals are pending before Higher Courts.
2. Rule 9(4) of the Andhra Pradesh Revised Pension Rules, 1980 provides that, in the case of a 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 Rule 52 shall
be Sanctioned Rule. 52(1)(a) provides that in respect of a Government servant
referred to in sub-rule (4) of Rule 9, the Audit Officer/Head of Office shall
pay the provisional pension not exceeding the maximum pension which would have
been admissible on the basis of qualifying service up to the date of retirement
of the Government servant. Clause (b) provides that the provisional pension
shall be paid by the Audit Officer/Head of Office during the period commencing
from the date of retirement to the date on which, upon the conclusion of the departmental
or judicial proceedings, final orders are passed by the competent authority.
But, there is no specific mention in this rule, whether the retired Government
servant convicted of corruption and criminal misconduct by a criminal court
have to be paid provisional pension or not, when appeals are pending in the higher
Courts, against such conviction.
3. Basing on the observation of the Hon'ble Supreme Court oflndia in K.C.Sareen Vs CBI Chandigarh, (2001 (5) Supreme 437) Government have issued the following instructions, to be followed scrupulously in Memo. N o.1621/Spl.B/2001-1, GA (Spl.B) Dept., dt. 26-11-2001.
"Action
has to be taken forthwith for dismissal of public servant convicted of
corruption and criminal misconduct immediately upon such conviction without
waiting for any appeal and that the appointing/disciplinary authorities will be
personally held responsible for non-implementation of these instructions and
that they will be liable for disciplinary action. In spite of these
instructions it is found, convicted officers continuing in service without
being dismissed immediately or continue to receive provisional pension, if they
have already retired, in the meantime without action to withhold pension and
other pensionary benefits or withdraw pension entirely as the case may be
disagreeing these instructions. It is also directed therein that
salary/pension/provisional pension paid after the judgment convicting the
accused public servant shall be liable to be recovered from the appointing
authority. Consultation with Andhra Pradesh Public Service Commission in such
cases has also been dispensed with".
4. Keeping in view of the Judgment of
the Hon'ble Supreme Court of India, the Government afte careful consideration of
the matter, hereby decided to amend the Andhra Pradesh Revised Pension Rules,
1980, suitably.
5. The G.O. is available on Internet
and can be accessed at the address http://goir.ap.gov.in
6. Accordingly,
the following notification will be published in an extraordinary issue of the Andhra
Pradesh Gazette.
NOTIFICATION
"Provided
that Provisional pension shall not be paid to the Government servant who is
convicted by a criminal court on the charges of indulging in corruption and criminal
misconduct with effect from the date of such conviction though appeal is pending
before the higher court against such conviction".
