it2025_00337 — Payment of provisional pension, gratuity and other benefits can be withheld only if a disciplinary proceeding is pending before the retirement date of an employee. If no charge-sheet had been issued on or before the date of the retirement of the employee, the employee is entitled to get full pension and other pensionary benefits. However, if the charge- sheet is issued and the retired employee is found guilty based on disciplinary proceedings after retirement and punished, the authorities are en

IT Rules

Payment of provisional pension, gratuity and other benefits can be withheld only if a disciplinary proceeding is pending before the retirement date of an employee. If no charge-sheet had been issued on or before the date of the retirement of the employee, the employee is entitled to get full pension and other pensionary benefits. However, if the charge- sheet is issued and the retired employee is found guilty based on disciplinary proceedings after retirement and punished, the authorities are entitled to cut pension or recover the amount already paid by way of gratuity, etc., as per rule — This chunk discusses the court's decision in the case of Shri Madhav Dattatraya Sathe v. Secretary, Ministry of Finance, Department of Revenue, Central Board of Excise and Customs and others, stating... — Facts : The Applicant retired as Assistant Commissioner of Central Excise, Mysore Commissionerate on 30-3-2011 when no disciplinary proceeding was pending against him. However, a disciplinary proceeding was initiated on 11-5-2011 under the provisions of Rule 9 of the CCS (Pension) Rules, 1972. The Respondents based on the charge-sheet withheld retiral dues of the Applicant. Hence he filed this OA for a direction to the Respondents to sanction regular pension and release the amount of gratuity, leave encashment, commutation along with interest of 12% per annum with effect from 1-4-2011, the date of his retirement. The Applicant submits under Rule 69 of Central Civil Services (Pension) Rules, 1972 is to be followed. As per sub-rule (4) of Rule 9, retiral benefits can be withheld only if the charge-sheet is issued before his retirement. Gratuity payable under Rule 69 (1) ( C ) of CCS (Pension) Rules, 1972 can be withheld only if a charge-sheet is issued before retirement. In the present case, no charge-sheet is pending on the date of his retirement. The Respondents in their long reply state the lapses on the part of the petitioner and such lapses regulated in excess sanction of drawback amount to the exporters. The case was reported to vigilance section and the result of the investigation by vigilance was forwarded to the Directorate General of Vigilance, New Delhi on 4-3-2011 for advice of CVC which recommended for initiation of disciplinary proceedings.CVC advice was received on 29-3-2011 before his date of retirement and charge-memo was issued on 11-5-2011. Hence the Applicant is eligible for provisional pension only as he caused the loss to the Government to the extent of ₹ 13,36,225. Under Rule 69 (1) (C) of CCS (Pension) Rules, 1972, no Gratuity is permissible till the conclusion of the proceedings and the result of punishment thereof. Rule 4 of CCS (Commutation of Pension) Rules, 1981 provides that no Government servant against whom departmental or judicial proceedings are pending as referred in Rule 9 of Pension Rule before the date of his retirement or the petitioner against whom the disciplinary proceedings are initiated after his retirement. The Applicant relied on the judgment of V. D.C. Chaudhri v. Union of India and others [ 1996 (2) ATJ 266 ], which states that Rule 9 (6) defines the institution of departmental proceedings, if issued earlier to the date of his date of his retirement. The relevant paragraphs in the case of Smt. Santhosh Verma v. National Capital Territory of Delhi Department of Training and Technical Education and others [ 1998 (1) ATJ 26 ], is reproduced in the judgment. As per that judgment, the Respondents are not barred from taking action against the Applicant, therein under Rule 9 only consequent to the result of investigation if the charge-sheet is issued before the retirement of that employee.

IT Rules

Payment of provisional pension, gratuity and other benefits can be withheld only if a disciplinary proceeding is pending before the retirement date of an employee. If no charge-sheet had been issued on or before the date of the retirement of the employee, the employee is entitled to get full pension and other pensionary benefits. However, if the charge- sheet is issued and the retired employee is found guilty based on disciplinary proceedings after retirement and punished, the authorities are entitled to cut pension or recover the amount already paid by way of gratuity, etc., as per rule — This chunk discusses the court's decision in the case of Shri Madhav Dattatraya Sathe v. Secretary, Ministry of Finance, Department of Revenue, Central Board of Excise and Customs and others, stating... — Facts : The Applicant retired as Assistant Commissioner of Central Excise, Mysore Commissionerate on 30-3-2011 when no disciplinary proceeding was pending against him. However, a disciplinary proceeding was initiated on 11-5-2011 under the provisions of Rule 9 of the CCS (Pension) Rules, 1972. The Respondents based on the charge-sheet withheld retiral dues of the Applicant. Hence he filed this OA for a direction to the Respondents to sanction regular pension and release the amount of gratuity, leave encashment, commutation along with interest of 12% per annum with effect from 1-4-2011, the date of his retirement. The Applicant submits under Rule 69 of Central Civil Services (Pension) Rules, 1972 is to be followed. As per sub-rule (4) of Rule 9, retiral benefits can be withheld only if the charge-sheet is issued before his retirement. Gratuity payable under Rule 69 (1) ( C ) of CCS (Pension) Rules, 1972 can be withheld only if a charge-sheet is issued before retirement. In the present case, no charge-sheet is pending on the date of his retirement. The Respondents in their long reply state the lapses on the part of the petitioner and such lapses regulated in excess sanction of drawback amount to the exporters. The case was reported to vigilance section and the result of the investigation by vigilance was forwarded to the Directorate General of Vigilance, New Delhi on 4-3-2011 for advice of CVC which recommended for initiation of disciplinary proceedings.CVC advice was received on 29-3-2011 before his date of retirement and charge-memo was issued on 11-5-2011. Hence the Applicant is eligible for provisional pension only as he caused the loss to the Government to the extent of ₹ 13,36,225. Under Rule 69 (1) (C) of CCS (Pension) Rules, 1972, no Gratuity is permissible till the conclusion of the proceedings and the result of punishment thereof. Rule 4 of CCS (Commutation of Pension) Rules, 1981 provides that no Government servant against whom departmental or judicial proceedings are pending as referred in Rule 9 of Pension Rule before the date of his retirement or the petitioner against whom the disciplinary proceedings are initiated after his retirement. The Applicant relied on the judgment of V. D.C. Chaudhri v. Union of India and others [ 1996 (2) ATJ 266 ], which states that Rule 9 (6) defines the institution of departmental proceedings, if issued earlier to the date of his date of his retirement. The relevant paragraphs in the case of Smt. Santhosh Verma v. National Capital Territory of Delhi Department of Training and Technical Education and others [ 1998 (1) ATJ 26 ], is reproduced in the judgment. As per that judgment, the Respondents are not barred from taking action against the Applicant, therein under Rule 9 only consequent to the result of investigation if the charge-sheet is issued before the retirement of that employee.

Original Rule Text

Original Rule Text