Ccs pension rules
Vasudevan
(Querist) 11 February 2021
This query is : Resolved
Respected Learned Experts. I am Central Government employee who had been compulsorily retired subsequent to a departmental enquiry. There was a criminal case pending at the time of my compulsory retirement on the same grounds of departmental enquiry. I had been paid with provisional pension as per CCS (Pension) Rules after compulsory retirement. Thereafter, I had been convicted by the Trial court under Cr.PC. Now the conviction order was stayed by the High Court as I had preferred Criminal Appeal. Subsequent to my conviction, my department has issued me a show cause notice for reduction in pension. Now an order of reduction in pension to 40% was imposed by the under secretary of Government of India. Whether penalty of reduction in pension be imposed when the grounds of the departmental enquiry and the criminal case was one and the same. The department has already retired me compulsorily and now reduction in pension on the same set of facts based on the conviction order by the Trial Court is permissible in Law. Please clarify.
Thanks in advance to all Learned Experts.
kavksatyanarayana
(Expert) 11 February 2021
The Criminal case is different from Departmental Charge Proceedings. As per your query, you committed a crime for that a Criminal Case. Whereas you did a grave irregularity not following departmental Rules and Regulations, executive instructions, and other acts connected to the department. Hence departmental charge.
P. Venu
(Expert) 12 February 2021
This issue is in continuation to the earlier thread https://www.lawyersclubindia.com/experts/ccs-pension-rule-reg--719271.asp.
You have option to seek a revision of the decision to reduce the pension of to seek judicial review.
Vasudevan
(Querist) 12 February 2021
Much obliged to both the Learned Experts. I am very grateful to the Learned Expert Shri P. Venu for his detailed reply. Once again thanks to one and all.
