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Rule 48 - Gratuity Suspension | KartavyaDesk

CCS Pension

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.

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

  • •Applies when a beneficiary of gratuity is charged with murdering the government servant.
  • •The claim to gratuity is suspended pending the outcome of criminal proceedings.
  • •The suspension continues until the conclusion of the criminal case.
  • •Rule 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.

Frequently Asked Questions

What happens to the gratuity if the accused is acquitted?▼
If the person charged with the murder or abetment is acquitted by the court, their claim to the gratuity will be processed, and they will receive their share.
Does this rule apply to all types of death benefits?▼
No, Rule 48 specifically addresses the gratuity payable under Rule 47. Other death benefits may have different rules governing their disbursement in such circumstances.
What if the criminal proceedings take a very long time?▼
The gratuity remains suspended until the conclusion of the criminal proceedings, regardless of the duration. There is no provision for releasing the gratuity before the case is decided.
Who decides whether to suspend the gratuity claim?▼
The pension disbursing authority, based on the information about the criminal charges, will suspend the gratuity claim as per Rule 48.

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?

Related Rules

Rule 62CCS (Pension) Rules, 2021 - Rule 62Rule 19CCS (Pension) Rules, 2021 - Rule 19Rule 65CCS (Pension) Rules, 2021 - Rule 65Rule 68CCS (Pension) Rules, 2021 - Rule 68Rule 72CCS (Pension) Rules, 2021 - Rule 72

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