Forfeiture of pension of govt.employees

Querist : Anonymous (Querist) 20 July 2020 This query is : Resolved
Recently it is observed that many high level retired Govt. employees join political parties post retirement and criticise Govt. policies.Does it affect their pension .Will it amount to misconduct.for which pension can be withheld/reduced/forfeited.
Historically the pension was given for being loyal to crown..

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Guest (Expert) 20 July 2020
Entering Politics after retirement will not affect the Pension .

Rajendra K Goyal (Expert) 20 July 2020
What are the facts?
What is the base of your apprehension?
Entering politics does not affect pension.

Querist : Anonymous (Querist) 20 July 2020
There is no problem in joining political party.Can there pension be withdrawn if they criticise Govt. policies.

kavksatyanarayana (Expert) 20 July 2020
If any employee retires from Government Service, it is his will to enter politics. Government Servant after his retirement, he is eligible for pension if no pending departmental disciplinary cases against him.

Dr J C Vashista (Expert) 21 July 2020
Payment of pension is based upon the service already rendered by an employee as per rules on the subject, which is not a bounty.

Dr J C Vashista (Expert) 21 July 2020
Joining politial party in post-retirement life of a pensioner is no bar as you might have noticed with recent example of HMJ Ranjan Gogoi. ex-Chief Justice of India.

Sudhir Kumar, Advocate (Expert) 21 July 2020
"Will it amount to misconduct."

NOT AT ALL IT IS UNDERSTOOD THERE IS RECENT JUDGEMENT THAT EVEN SERVING EMPLOYEES CAN EXPRESS THEIR VIEWS.

" Historically the pension was given for being loyal to crown"

NOW GOVT SERVANT ON JOINING IS REQUIRED TO TAKE OATH OF LOYALTY TO CONSTITUTION AND NOT TO CROWN.

After independence loyalty to constitution is different from loyalty to ruling party.

Querist : Anonymous (Querist) 21 July 2020
It is not disputed that the Govt. servant post retirement can join any political party.
Rule 8 of CCS(pension) Rules provide for withdrawal partly or fully of pension.Such action can be taken for conviction in serious criminal offense or grave misconduct.Of course after following principles of natural justice.
The question is what are those grave misconducts and does criticising Govt. policies constitute grave misconduct.

P. Venu (Expert) 21 July 2020
The query is based on facile assumptions as rightly pointed out by expert Mr. Sudhir Kumar.

Sudhir Kumar, Advocate (Expert) 21 July 2020
what is the problem you are facing.

are you facing any problem or just setting question paper for departmental; promotion examination.

You asked

"what are those grade misconducts"

reply

"NOT CODIFIED"

Rajendra K Goyal (Expert) 21 July 2020
Please state clear material facts and the actual problem faced.

Querist : Anonymous (Querist) 21 July 2020
One of my has friend has retired from Govt.service as class one officer.He is in receipt of pension.
He is critical of some of Govt's policies..and wants to express the same in electronic media. He wishes to know whether it would amount to misconduct and affect his pension.Since my knowledge about CCS(pension) Rules is negligible,I posed the question to experts,who had exposure to service matters of Govt.employees.

Dr J C Vashista (Expert) 21 July 2020
Let your friend may seek professional advise of a local lawyer practicing service matters regarding his objections against government policy, which he is desirous to make it public through media.

Sudhir Kumar, Advocate (Expert) 21 July 2020
He has also to take care of law relating to defamation.

P. Venu (Expert) 21 July 2020
If your friend is scared of posting a query in this platform, how he can have the sagacity to express his critical opinions in the print or electronic media. Moreover, such a person, having been in public service for at least 20 years. ought to literate as to service rules. Certainly, to be a critique of public policies, it is the primary requirement to be an informed person.

Sudhir Kumar, Advocate (Expert) 22 July 2020
@ Mr P Venu.

The person is just setting question-paper for departmental examination.

Querist : Anonymous (Querist) 22 July 2020
I think I have received enough advice and need no more.