Ccs pension rule, 1971 - reg.
Vasudevan
(Querist) 13 January 2023
This query is : Resolved
Respected Learned Expert(s), I am a retired Central Government Group B employee governed by CCS (Pension) rules, 1972. I had been convicted by the CBI court and therefore my pension was reduced to the extent of 40% under Rule 9 of CCS Pension Rules by the President. The President order has not spoken anything on the payment of gratuity. Therefore, I had claimed the eligible gratuity. Now my appointing authority (not the President) has ordered that no gratuity shall be payable as the official has shown moral turpitude and grave misconduct. Whether, any supplementary (second) order may be issued for forfeiture of gratuity by the authority other than the President. Kindly clarify the rule provision and oblige. Case citation, if any may also be informed please. Thanks in anticipation.
kavksatyanarayana
(Expert) 13 January 2023
Your appoint authority cannot be ordered and the gratuity may be payable after getting advice from the UPSC. So you put in an application to the President to sanction the eligible gratuity. As the pension is cut at 40% and the gratuity is sanctioned after a cut of 40% in gratuity. And you can file a case in CAT. No citation is available with me.
Dr J C Vashista
(Expert) 15 January 2023
What is the sentence awarded by CBI Court ?
How the pension has been reduced to 40% by the Presidential order which would tantamount to double jeopardy as the convict cannot be punished twice for the same offence / charge ? Did you challenge it ?
Did you submit written representation to the appointing / appellate authority qua withholding of gratuity ?
Sudhir Kumar, Advocate
(Expert) 16 January 2023
Please clarify.
reply of denial off gratuity is in wring or just across the table.
Vasudevan
(Querist) 16 January 2023
Respected Learned Expert(s), Shri KAVK Sathyanarayana, the Presidential order speaks upon only cut in pension 40%. It is silent on the payment of gratuity. Therefore I guess that the entire gratuity is payable to me. Whether the gratuity may be cut for 40%. Please clarify. Shri Sudhir Kumarji, I got the soft copy of the order via my e-mail. Shri Dr. JC Vashista, I am advised by my senior that rule 9 of CCS (Pension) Rules, 1972 empowers the President to impose a cut in pension. Whether it is correct? If it is wrong, any judgment or rule provisions in the matter may please by shared. Due to financial constrain, I am intending to file OA in CAT as PARTY IN PERSON. . Kindly advise me in the matter with any rule provisions applicable and judgment if any in the matter.
Thanks in anticipation to all the Learned Expert(s) who are all have shared their precious time and knowledge.
kavksatyanarayana
(Expert) 16 January 2023
The gratuity may be payable after getting advice from the UPSC. So you put in an application to the President to sanction the eligible gratuity. As the pension is cut at 40% and the gratuity is sanctioned after a cut of 40% in gratuity and it is normally being done and so I said like that. And you can file a case in CAT. No citation is available to me.
Vasudevan
(Querist) 17 January 2023
Much obliged for your response. My heartful of thanks to Shri KAVK Satyanarayna sir.
P. Venu
(Expert) 18 January 2023
Rule 9(1) of the CCS(pension) Rules repays study -
"9. Right of President to withhold or withdraw pension -
(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"
A careful and dispassionate reading would reveal that the competent authority, at its discretion, is empowered to withhold pension and gratuity; however, pension alone could be withdrawn as a measure of penalty or punishment. Gratuity could only be recovered against the pecuniary loss caused to the Government. Rules does not provide for withdrawing gratuity as a measure of penalty or punishment. (Recovery could be made from pension as well for pecuniary loss caused to the Government).
As such the order as to forfeiture is ultra vires not only of the CCS(Pension) Rules, but also of the Constitution itself.
By the way, which is the legal provision that has been relied upon in ordering forfeiture of gratuity?
In my considered opinion, you have the option to make a representation or submit a memorial to the President of India before rushing for judicial review.
Dr J C Vashista
(Expert) 19 January 2023
Very well analysed, opined and advised by expert Mr. P Venu, I fully agree and appreciate.
Vasudevan
(Querist) 19 January 2023
Learned Expert Shri P. Venu Sir, I had been informed by a letter stating that "the Competent Authority has decided not to pay the gratuity as the incumbent convicted for grave misconduct and moral turpitude". They had not even mentioned the rule provisions under which the gratuity was forfeited. Learned Expert Shri Dr. JC Vashista Sir, thank you very much for your follow up on the query.
P. Venu
(Expert) 19 January 2023
You may a representation/memorial to the competent authority for release of gratuity with interest.
Dr J C Vashista
(Expert) 20 January 2023
40% cut in pension and non-payment / stoppage of payment of gratuity tantamount to double jeopardy, which cannot be awarded by competent authority.
If so, move a representation to appellate authority with complete set of relevant documents.
It would be better to consult and engage a local prudent lawyer (practicing service laws) for proper appreciation of facts / documents, professional advise and necessary proceeding
Vasudevan
(Querist) 21 January 2023
Much obliged by the response of Learned Experts S/Shri P. Venu and Dr. JC Vashista.
Sudhir Kumar, Advocate
(Expert) 22 January 2023
Please clarify. reply of denial off gratuity is in wring or just across the table.
Vasudevan
(Querist) 23 January 2023
Shri Sudhirkumar Sir, I got the soft copy via my e-mail and followed by the hard copy. I had already claried the same vide my post dated 16th Jan. 2023. However, I tender my heartful of thanks for following my query. Kindly advice further, if any required.
Dr J C Vashista
(Expert) 24 January 2023
You must challenge the order of withholding gratuity through a local prudent lawyer practicing service matters.
Vasudevan
(Querist) 24 January 2023
Much obliged Shri Dr. JC Vashista Sir.
Sudhir Kumar, Advocate
(Expert) 28 January 2023
A perusal of the order of the disciplinary authority and the aforesaid email and letter is required for forming a considered view.
Vasudevan
(Querist) 30 January 2023
Respected Shri Sudhir Kumar sir, the wordings of the Head Office is reproduced for your kind perusal:
"Sub: Suitable orders on Payment of gratuity in r/o Shri V. Vasudevan, AO(CR) - Reg.
Kind reference is invited to your letter dated 01.03.2021 on the subject cited above and to say that the Competent Authority has decided not to pay the gratuity to Shri V. Vasudevan AO(CR) as the official has shown moral turpitude & grave misconduct."
Kindly share your views on the order and oblige.
Sudhir Kumar, Advocate
(Expert) 31 January 2023
ask for orders of the competent authority. Seek full noting under RTI.
Vasudevan
(Querist) 31 January 2023
Respected Shri Sudhir Kumar sir, I had already applied under RTI for the same. Much obliged for the response and guidance.
P. Venu
(Expert) 01 February 2023
Under RTI, you have option to seek inspection of the file and thereafter apply for copies that are required.
Vasudevan
(Querist) 01 February 2023
Learned Expert Shri P. Venu sir, the files are at New Delhi and I am at the bottom of India. Hence, it is cheaper for me to ask for copies directly. Much obliged for your response sir.
Sudhir Kumar, Advocate
(Expert) 06 February 2023
Some else can apply for inspection of of files under RTI and refusal on 3rd party issue can take place only if you object.
Vasudevan
(Querist) 06 February 2023
Learned Expert Shri Sudhir Kumar Sir, much obliged for your suggestion. Once again thank you very much sir.
