Wheather the government authority or department has the power to stop the pension and gratuity of a central govt. Employee while the criminal proceedings are pending against him?
I am confused because in 2013 supreme court bench headed by justice sikri and radhakrishnan in case of state of jharkhand vs. jitntendra kumar srivastva, 2013, said, that pension or gratuity are not bounties given to an employee and no executive action can stop it, while any departmental or criminal proceedings are pending.
You need to go through the CCS pension rules; It is correct that the mentioned judgment states that pension/gratuity cannot be held or retained subject to out come of any criminal proceedings except otherwsie provided in the concerned pention/pf/gratuity rules of the sate or center.
as in case of central govt. employee it is
9. Right of President to withhold or withdraw pension
1[(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 :
Footnote : 1. Substituted by G.I., Dept. of P. & P.W., Notification No. 7/14/90-P. & P.W. (F), dated the 23rd August, 1991, published as S.O. No. 2287 in the Gazette of India, dated the 7th September, 1991.
Provided that the Union Public Service Commission shall be consulted before any final orders are passed :
Provided further that where a part of pension is withheld or withdrawn the amount of such pensions shall not be reduced below the amount of rupees three hundred and seventy-five per mensem.]
| (2) | (a) | The departmental proceedings referred to in sub-rule (1), if instituted while the Government servant was in service whether before his retirement or during his re-employment, shall, after the final retirement of the Government servant, be deemed to be proceedings under this rule and shall 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 : |
Provided that where the departmental proceedings are instituted by an authority subordinate to the President, that authority shall submit a report recording its findings to the President.
| (b) | The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement, or during his re-employment, - | ||
| (i) | shall not be instituted save with the sanction of the President, | ||
| (ii) | shall not be in respect of any event which took place more than four years before such institution, and | ||
| (iii) | shall be conducted by such authority and in such place as the President may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service. | ||
The pension can be with held..
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