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prasenjit saha (student)     22 December 2021

About railway pensioner

if a railway pensioner is booked under IPC will his pension gets ceased? if yes under which law or rules


 6 Replies

Dr J C Vashista (Advocate)     22 December 2021

The employee shall be granted provisional pension.

Find out rules yourself on the subject.

1 Like

G.L.N. Prasad (Retired employee.)     22 December 2021

The pension belongs to family members and the status of a disciplinary proceeding, the charge was economic offense were not provided.   Who booked the offense?  In what way Railways are connected with the offense?

Details inadequate.

File RTI Application to CPIO and seek information as follows, if your highly reputed and influential unions as a policy maintained a distance and not helping you.

Information solicited:

1. Please provide the extant directives/orders/notifications/laid down norms of dealing with pension in case of registration of offense under IPC and FIR is pending in case of working / retired employee.

1 Like

M V Gupta (Advocate)     22 December 2021

Merely being boked for an offense under IPC does not result in stoppage of pension, unless he is convicted for an offence of serious nature.

1 Like

P. Venu (Advocate)     22 December 2021

Facts posted are sketchy. It appears that pension has already been sanctioned. If so, the pension would be unaffected until the pensioner is convicted. Once convicted, the pension could be reduced depending upon the nature and extent of conviction. A pensioner needs to be given an opportunity to show cause before any such adverse action.

1 Like

Aryan Raj   22 December 2021

In response to your query,

If you refer to this rule established in the year 2010 you will find out the answer to your question-

The Central Administrative Tribunal (CAT) has ruled that a government employee's pension cannot be withheld unless he has been found guilty of "severe misconduct" when granting relief to a retired Income Tax officer.

The panel also ruled that the officer's gratuity be released, stating that the benefit could not be withheld in any case. "If the pensioner is convicted of a severe crime or is found guilty of significant misbehaviour, the appointing authority has been granted the power to withhold or revoke pension or a portion thereof," the tribunal panel, which included Chairman Justice V K Bali and Vice Chairman L K Joshi, stated.

So unless you are convicted you will be receiving all the benefits which are provided to government employee. 


Aryan Raj 

1 Like

Sudhir Kumar, Advocate (Advocate)     23 December 2021

atleast wait for conviction.

1 Like

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