CommercialPedia
Indian Railways commercial circulars and policies
Withdrawal/withholding/recovery of pension/gratuity in the case of minor penalty proceedings.
· 2009-06-16
Circularstaff-establishment
Open the official Railway source
| File number | E(D&A) 2009 RG6-18 |
|---|---|
| Date | 2009-06-16 |
| Type | Railway Board Establishment Circular / Letter |
| Topic | staff-establishment |
| Directorate | Establishment |
| Official source | indianrailways.gov.in |
Summary
Withdrawal/withholding/recovery of pension/gratuity in the case of minor penalty proceedings Ministry of Personnel, Public Greivance:, and Pensions
Text of the circular
RB. Estt. No.106/2009 GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD) No. E(D&A) 2009 RG6-18 New Delhi, 16/6/2009 The General Manager(P) All Indian Railways and Production Units etc. (As per standard list). Sub: Withdrawal/withholding/recovery of pension/gratuity in the case of minor penalty proceedings. A copy of Department of Personnel and Training’s O.M. dated 110/9/2003-AVD-1 dated 13.4.2009 on the above subject is sent herewith. Contents of O.M. dated 13.4.2009 mentioned above, may please be brought to the notice of all concerned on your railway for their information and compliance. O.M. No. 134/10/80-AVD-1 dated 28.2.81 and O.M. No. 134/9/86-AVD-1 dated 31.7.87 mentioned in the aforesaid O.M. dated 13.4.2009 have been circulated on the railways under Board’s letter No. E(D&A) 81 RG6-26 dated 23.7.81 and No. E(D&A) 87 RG6-113 dated 11.11.87. 2. Please acknowledge receipt. Sd/- (Harish Chander) Dy. Director Estt. (D&A) Railway Board No.110/9/2003- AVD-I Government of India Ministry of Personnel, Public Greivance:, and Pensions (Deportment of Personnel and Training) Subjec1: Withdrawal!wit:,holding/recovery of pension/gratuity in the case of minor penalty proceedings. The undersigned is directed to refer to His Department's OM no 134/9/36-A VD-I dated 31sl July 1987 wherein it was clarified that the Central Government has the power to withhold 0: withdraw pension even as a result of minor pena~ty proceedings instikted against ':l charged officer during his service and which had contin;Jed after his retirement provided grave misconduct or negligence isestablished. The underlying basis for this OM was that there can be c:ircumstances wherein proceedings initiated for minor penalty could result in establishment of prave misconduct or negligence on conclusi')n of the proceedings v/arranting a cut or withholding of pension or recovery of pecuniary loss. The OM of 3151 July 1987 was issued in cancellat;on of the earlier OM' no 134/10/80 -AVD-1 dated 28'h Feb 1981which interalia. stated ~hat 'grave misconduct or negligence' cannot be established as a result of minor pGnally proceedings. 2. The OM of 31.7.1987 'came for scruti:·.y before the Central ,A.dministrative Tr;bunal (CA-:-).Principal Bench. De.~'1iin OA no 2068 of 2002 (I"(.SSagar, NOIDA-UP Vs Union of India). perkining to the Ministry of Urban Development anu Poverty Alleviation. ih(; Hon'ble Tribunal was consideiing an applicCiion ogainst the order of v/ithholding o~ gratuity of a charged officer ~ho had retired from service. The Tribunal . while considering the said c(Jse set aside the ~aid Of\.', of 31s1 Juiy 1987 of this Department holding it ultra vires the CCS(Pensicn) Rules 1972. The ratio cf the decision in this 0/1. was af,:>pliedto OA no 1~2of 2003 (I.K Rasbgi VS Lnion of India) by Priilcipul Bench. Delhi. ThisDf.partmen~ was neither (] party nor impleaded in tht:~soid OAs at an'! stage. 3. The implication of the judgement of Hon'ble CAT on tl':5 Division's a.M. of 31.7.87 was - considered in consultotic:,'l with Department of Pension & Pensioners' Welfare and Department of Legal Affairs and it was noted that the matte:- has attained legal finality. ' 4. In view of the above and in the light of soid order of Hon'ble CAT Principal Bench setting aside the OM of 31st July 1987 this Department's OM no 134/l0/80-AVD-1 dated 28th Feb 1981 stands restored and the OM of 31;1July 1987 stands withdrawn. (P.K Ravi) Under Secretary to the Government of India To All Ministries /Departments (As p8r list attached) 1. The Secretary, Central Vigilance Commission, Satarkta Bhawan, INA, GPO Complex, Lodhi Road, New Delhi. 2. The Secretary, Union Public Service Commission, Shahajahon Road. Dholpur House; New Delhi.
All staff-establishment circulars · Open this circular in the search app · Search all 7,826 documents