Rule 48 - Gratuity Suspension
Original Rule Text
48. Debarring a person from receiving gratuity.- (1) If a person who in the event of death of a Government servant while in service is eligible to receive gratuity in terms of rule 47, is charged with the offence of murdering the Government servant or for abetting in the commission of such an offence, his claim to receive his share of gratuity shall remain suspended till the conclusion of the criminal proceedings instituted against him.
(2) If on the conclusion of the criminal proceedings referred to in sub-rule (1), the person concerned,-
(a) is convicted for the murder or abetting in the murder of the Government servant, he shall be debarred from receiving his share of gratuity which shall be payable to other eligible members of the family, if any,
(b) is acquitted of the charge of murdering or abetting in the murder of the Government servant, his share of gratuity shall be payable to him.
(3) The provisions of sub-rule (1) and sub-rule (2) shall also apply to the undisbursed gratuity referred to in sub-rule (3) of rule 47.
Explanation.- For the purpose of this rule, the charge of murder or abetting in the murder of Government servant will include the charge of abetting death by suicide.
49 Lapse of retirement gratuity and death gratuity.- Where a Government servant dies while in service or after retirement without receiving the amount of gratuity and leaves behind no family and
(a) has made no nomination, or
(b) the nomination made by him does not subsist, the amount of retirement gratuity or death gratuity payable in respect of such Government servant under rule 45 shall lapse to the Government:
that the amount of death gratuity or retirement gratuity shall be payable to the person in whose favour Certificate in respect of the gratuity in question has been granted by a Court of Law.
What This Means
Rule 48 of the CCS (Pension) Rules, 2021 deals with a specific situation: what happens to the gratuity payment when someone eligible to receive it after a government servant's death is accused of murdering that government servant or helping in the murder. Basically, if a person is charged with these crimes, their claim to the gratuity is put on hold. This suspension remains in effect until the criminal proceedings against them are completed. The rule ensures that someone potentially involved in the death of the government employee doesn't immediately benefit financially from that death before the legal process runs its course.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Applies when a beneficiary of gratuity is charged with murdering the government servant.
- 2The claim to gratuity is suspended pending the outcome of criminal proceedings.
- 3The suspension continues until the conclusion of the criminal case.
- 4Rule 47 defines eligibility for receiving gratuity in the event of a government servant's death.
Practical Example
Mrs. Sharma, the wife of a deceased government employee, Mr. Sharma, is eligible to receive his gratuity of ₹10,00,000. However, she is subsequently charged with abetting his murder. According to Rule 48, her claim to the gratuity will be suspended. The pension disbursing authority will not release the gratuity to Mrs. Sharma until the court delivers its verdict in the criminal case against her. If she is acquitted, she will receive the gratuity. If convicted, she will likely be debarred from receiving it, and the gratuity will be distributed among other eligible family members, if any.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
What happens to the gratuity if the accused is acquitted?▼
Does this rule apply to all types of death benefits?▼
What if the criminal proceedings take a very long time?▼
Who decides whether to suspend the gratuity claim?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
Under Rule 48 of the CCS (Pension) Rules, 2021, if a person eligible to receive gratuity upon the death of a government servant is charged with murdering the government servant, what happens to their claim to gratuity?