(Cir. Memo. No.
37254/361/A2/Pen.l/98, Fin. & Plg. (FW:Pen.l) Dept., Dt. 04-07-1998)
Ref: 1.
G.O. Ms.No. 356, Finance and Planning (FW:PSC) Department Dt. 28-11-1989.
2. Cir. Memo. No.
33764-A/55/PSC/93, Dt. 15-10-1993 of Finance and Planning (FW:PSC) Department.
3. Cir. Memo. No.
979-B/5/A2/Pen.l/94, Dt. 02-02-1994 of Finance and Planning (FW: Pen.I)
Department.
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ORDER:
A number of representations are being made by various Employees Assns. that some retired Government employees are not being sanctioned pensionary benefits by the Accountant General on the ground that the Departments are requesting the AG to withhold the pensionary benefits on the ground that certain allegations are pending. These representations have been examined and the position is clarifies as hereunder:
2. The authorities competent to accord sanction for the pension are as indicated below:
|
|
Category
of Employee |
Competent
Authority |
|
1. |
All non - Gazetted
Officers including Class IV |
Appointing
Authority |
|
2. |
Gazetted officers
in the various Department (other than
Secretariat Departments) |
Head of the
Department |
|
3. |
Head of Department |
Government |
|
|
Gazetted Officers
in all Departments of Secretariat except Law and Finance and Planning (FW)
Department |
Chief Secretary to
Government |
|
5. |
Gazetted Officers
in Law Department of Secretariat |
Secretary to Government
Law Department |
|
6. |
Gazetted Officers
in Finance and Planning (FW) Department of Secretariat |
Principal Secretary
to Govt., Finance and Planning (FW) Department |
3. According to GO.Ms.No. 336, Finance (FW:PSC) Department, Dt. 28.11.1989, wherein a simplified Application form for sanction of pensionary benefits was introduced, the authorities competent to sanction pensionary benefits have to accord sanction by signing Part-III of the Application form with the following certificate. "Pensionary benefits including commutation found admissible under the rules may be authorised as no action is under consideration to reduce the Pension".
4. According to the instructions in force, the application for sanction of pension etc., will be submitted to the pension sanctioning authority concerned by the retiring employee 18 months in advance to the date of retirement. According to the existing practice once the pension verification is done and the pension sanctioning authority signs Part ill of the application form, further sanction is not required and the Accountant General will be at liberty to release full pensionary benefits presuming the sanction.
5. According to Sub-Rule (1) of Rule 9 of RPRs 1980, inter-alia, the Government reserves to themselves the right of withholding pension or gratuity or both, either in full or in part, or withdrawing the pension full or part, whether permanently or for a specific period and of ordering recovery from 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 his service including service rendered upon re-employment after retirement. If departmental proceedings have been initiated against a Government Servant under APCS (CC&A) Rules, while he was in service, including re-employment, the proceedings will be deemed to be proceedings even after retirement under Rule 9 of Revised Pension Rules, 1980, and will 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. Further action in such cases, while have to be taken in the manner prescribed in the “Note” under Rule 9(2) of RPRs 1980. If departmental proceedings had not been instituted while a Government servant was in service, the same can be initiated by the Government provided the misconduct etc., took place within four years before the date of institution of such proceedings. According to Sub.-Rule (6) of Rule 9:
(a) Departmental proceedings shall
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
6. Further, according to Sub-rule (4) of Rule 9, in the case of a Government Servant who has retired on attaining the age of superannuation or otherwise and against whom any departmental proceedings are continued under sub-rule (2), a provisional pension as provided in Rule 52 shall be sanctioned. According to Rule 52 (1) (a), in respect of a Government Servant referred to in sub-rule (4) of rule 9, the Audit Officer/Head of Office shall pay 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, or if he was under suspension on the date of retirement, up to the date immediately preceding the date on which he was placed under suspension.
7. In view of the above provisions, especially in the context of Rule 9 (6)(a) of RPRs 1980, as “Departmental Proceedings” shall be deemed to be instituted on the date on which the statement of charges is issued to the Government Servant, it should be ensured that the “memorandum or statement of charges” issued is in accordance with Rule 20(3) of APCS (CC&A) Rules, 1991. It should be noted that a preliminary inquiry into the allegations or where it is contemplated to initiate departmental proceedings, it cannot be presumed that the departmental proceedings have been instituted which can be continued even after retirement as envisaged under Rule 9 (2) of RPRs 1980. In case where charges have not been framed and issued before the retirement of the employee concerned, further action has to be taken in accordance with Rule 9(2) (b) of RPRs. 1980, read with the instructions issued in Government Memo.No.17757-A/216/A2/Pen.l/94, Dt. 24.05.1994 of Finance and Planning (FW: Pen.I) Department.
8. As in some cases pension papers are forwarded to the A.G. well in advance and if no charges are pending as on that date, it may not be possible to indicate regarding the pendency of charges. In such cases, instructions issued in Cir.Memo.No.33764-A/55/PSC/93, Dt.15.10.1993 of Finance and Planning (FW:PSC) Department have to be followed, a copy of which is enclosed.
9. In case where disciplinary or Judicial proceedings are pending, provisional pension has to be sanctioned under Rule 52(1)(a) of RPRs 1980, keeping in view the instructions issued in Cir.Merno.No.979-B/5/A2/pen.1/94 Dt. 02:02.1994. In such case, gratuity shall not be paid till the conclusion of the departmental and judicial proceedings and issue of final orders.
10. The
Administrative Departments of Secretariat/HODS are, therefore, requested to
keep the above instructions in view while processing the pension papers of the
retiring employees.
