Ccs pension rules

Vasudevan (Querist) 25 February 2019 This query is : Resolved
This is continuation of my earlier query. I had been made compulsorily retired from service in Jan 2017 and subsequently convicted in criminal proceedings in Jun 2017. I have not been paid with any pension or gratuity till date. Recently I got a show cause notice from the Competent Authority why my pension not to be withheld forty percent for a period of seven years. I had replied for the same. In the order of Compulsory Retirement, there is no mention on the quantum of pension. However, in the show cause notice, they had mentioned the conviction order of the criminal court. I had not been paid provisional pension as required under Rule 69 of CCS Pension. Now I am thinking of filing a case before CAT bench for release of provisional pension. Whether they can now increase the limit of 40 percent adversely against me. Whether the Disciplinary Authority can now pass an order under Rule 40 of CCS Pension based on the Compulsory Retirement order. Please give your opinion. Thanks in advance to all the Learned Experts.

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Sudhir Kumar, Advocate (Expert) 26 February 2019
compulsory retirement would have entitled yu to full pension had there been a vigilance clearance on retirement. In such case it appears that due to pending criminal case there was no vigilance clearance.

Conviction deprives you of the right to get full pension and the Disciplinary Authority could have gone for 100% cut in pension and they are going to restrict to cut by 40% for seven years only.

You can represent for lesser percentage and for lesser period.

Guest (Expert) 26 February 2019
For pension on compulsory retirement, no vigilance clearance is required. Pension had necessarily to be to be paid.

However, detailed examination and analysis of your case, including the disciplinary case as well as the court case is quite necessary before arriving at some conclusive solution to your problem.

Vasudevan (Querist) 26 February 2019
Much obliged for the response given by the Learned Experts.

Guest (Expert) 26 February 2019
You are welcome, Mr. Vasudevan.

Dr J C Vashista (Expert) 27 February 2019
Very well advised by experts Mr. sudhir Kumar and Mr. PS Dhingra, I fully agree and appreciate their acumen.
In addition to above, it may be added that you are entitled for provisional pension (at full scale) till final orders.
Consult your lawyer for proper guidance and proceeding.