Central Civil Services (Pension) Amendment Rules, 2022 in Rule 8 of CCS (Pension) Rules 2021: “Power to withhold or withdraw pension”

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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Pension and Pensioners’ Welfare)
NOTIFICATION
New Delhi, the 7th October, 2022

G.S.R. 770(E).—In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in
relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Pension) Rules, 2021, namely:-

1. Short title and commencement.- (1) These rules may be called the Central Civil Services (Pension) Amendment Rules, 2022.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Pension) Rules, 2021 (hereinafter referred to of the said rules), in rule 8,–

(i) for sub-rule (1), the following sub-rule shall be substituted, namely: –

“(1) (a) The President, in the case of a pensioner who retired from a post for which the President is the appointing authority;

(b) the Secretary of the Administrative Ministry or Department, in the case of a pensioner who retired from a post for which an authority subordinate to the President is the appointing authority; and

(c) the Comptroller and Auditor-General of India, in the case of a pensioner who retired from the Indian Audit and Accounts Department, from a post for which an authority subordinate to the President is the appointing authority. may, by order in writing, withhold a pension or gratuity, or both, either in full or in part, or withdraw a pension in full or in part, whether permanently or for a specified period, and order recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental proceedings or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of service, including service rendered upon re-employment after retirement :

Provided that the Union Public Service Commission shall be consulted before any final orders is
passed by the President under this sub-rule:

Provided further that where a part of pension is withheld or withdrawn, the amount of such pension shall not be reduced below the amount of minimum pension under rule 44.”;

(ii) in sub-rule (2), –

a. in clause (a), for the proviso, the following proviso shall be substituted, namely: –

“Provided that where the departmental proceedings are instituted by an authority subordinate to the authority competent to pass order under sub-rule (1), that authority shall submit a report recording its findings to the said competent authority.”;

b. in clause (c), for the word “President” occurring at both the places, the words, brackets and figure “authority competent to pass order under sub-rule (1)” shall be substituted;

(iii) in sub-rule (4), in clause (d), for the word, brackets and figure “sub-rule (9)”, the words “Explanation to this rule” shall be substituted;

(iv) in sub-rule (6), for the word “President”, the words, brackets and figure “authority competent to pass order under sub-rule (1)” shall be substituted;

(v) after sub-rule (6), the following sub-rule shall be inserted, namely: –

“(6A) (a) No appeal shall lie against any order made by the President under this rule.

(b) An appeal against an order under sub-rule (1), passed by an authority other than the President, shall lie to the President and the President shall, in consultation with the Union Public Service Commission, pass such orders on the appeal as he deems fit.”

3. In rule 20 of the said rules, in Explanation-1, in clause (ii), for the words “was not required to be refunded”, the words “was to be refunded” shall be substituted.

4. In rule 46 of the said rules, in sub-rule (5), in clause (a), the words “proviso to” shall be omitted.

5. In rule 50 of the said rules, in sub-rule (9), in clause (h), in sub-clause (iii),-

(i) for the word, brackets and letter “clause (e)”, the word, brackets and letter “clause (h)” shall be substituted;
(ii) in the proviso, for the word, brackets and letter “clause (d)”, the word, brackets and letter “clause (g)” shall be substituted.

6. In rule 76 of the said rules, for the brackets, figure and words “(5) The fact of the issue”, the brackets, figure and words “(5A) The fact of the issue” shall be substituted.

[F. No. 38/41/2019-P&PW(A)]
SANJIV NARAIN MATHUR, Jt. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 868(E), dated the 20th December, 2021.