Pension
Querist :
Anonymous
(Querist) 29 September 2019
This query is : Resolved
Wheather the government authority or department has the power to stop the pension and gratuity of a govt. Employee while the departmental or criminal proceedings are pending against him?
kavksatyanarayana
(Expert) 29 September 2019
Ji, Yes. But whether state or central government? If disciplinary proceedings are contemplated against an employee and retired, no pension or gratuity be sanctioned. But disciplinary proceedings are not concluded, then provisional pension may be sanctioned as per rules.
P. Venu
(Expert) 01 October 2019
You have not stated the material facts.
Dr J C Vashista
(Expert) 02 October 2019
What are the facts of the case vis-a-vis your problem/ concern / locus standie Mr/Ms Anonymous?
Guest
(Expert) 02 October 2019
In both the cases gratuity can be withheld till the final decision of the Disciplinary Authority or the competent court of law. But provisional pension will have to be paid to the employee during inquiry proceeding or the trial in the court of law. Provisional pension, if sanctioned, can also not be less than the regular pension permissible after the date of superannuation.
If the employee is not dismissed by virtue of any decision by the Disciplinary Authority in departmental inquiry case, or judgment of the court in a criminal case, the provisional pension will have to be regularized as full pension payable to the employee, except if a part of pension is reduced by virtue of penalty order.
But, if employee is dismissed by virtue of disciplinary case or a criminal case, no pension or gratuity would become permissible. However, the amount of provisional pension, if any already paid during inquiry period or trial in the court after due date of retirement, cannot be recovered from the employee.
