Withdrawal/withholding/recovery of pension /gratuity in the case of minor penalty proceedings. (RB 106/2009)

March 24, 2021, 3:59 PM

RB. Estt. No.106/2009
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(D&A) 2009 RG6-18

New Delhi,

16/6/2009

The General Manager(P)
All Indian Railways and
Production Units etc.
(As per standard list).
Sub: Withdrawal/withholding/recovery of pension/gratuity in the case ofminor penalty proceedings.
A copy of Department of Personnel and Training’s O.M. dated 110/9/2003-AVD-1 dated 13.4.2009 on the above subject is sent herewith. Contents of O.M. dated 13.4.2009 mentioned above, may please be brought to the notice of all concerned on your railway for their information and compliance. O.M. No. 134/10/80-AVD-1 dated 28.2.81 and O.M. No. 134/9/86-AVD-1 dated 31.7.87 mentioned in the aforesaid O.M.
dated 13.4.2009 have been circulated on the railways under Board’s letter No. E(D&A) 81 RG6-26 dated 23.7.81 and No. E(D&A) 87 RG6-113 dated 11.11.87.

2.Please acknowledge receipt.

Sd/(Harish Chander)
Dy. Director Estt. (D&A)
Railway Board

No.110/9/2003- AVD-I
Government of India
Ministry of Personnel, Public Greivance:, and Pensions
(Deportment of Personnel and Training)

Subject: Withdrawal!wit:,holding/recovery case of minor penalty proceedings.

The undersigned Central Government is directed of pension/gratuity in the to refer to His Department’s OM no 31sl July 1987 where in has the power to with hol as a result of minor pena~ty proceedings it was clarified 0: withdraw instikted provided grave misconduct basis for this OM proceedings prave was initiated misconduct or negligence that there can for minor penalty could or negligence v/arranting a cut or withholding wherein result in establishment on conclusil’)n of the of proceedings of pension or recovery of pecuniary loss. of the earlier OM’ no 134/10/80 -A VD-1 dated 28’h Feb 1981 which interracial. stated or negligence’ charged The underlying circumstances The OM of 3151 July 1987 was issued in cancel lat on misconducafter his retirement is established. be pension even against officer during his service and which had contain Jed that the cannot be established hat ‘grave as a result of minor signally proceedings.

2. The OM of 31.7.1987 ‘came for scruti:y before the Central A.dministrative Tr;bunal (CA-:-).Principal Bench. De.~’1iin OA no 2068 of 2002 (I”(.SSagar, NOIDA-UP Urban Development Vs Union of India). perkining anu Poverty Alleviation. ih(; Honorable considering an applicant Ci ion a charged officer considering the said Department to the Ministry of ho against the order of v/withholding had retired\ Tribunal was
o~ gratuity of from service. The Tribunal . while c(Jse set aside the ~aid Of\.’, of 31s1 Juiy 1987 of this holding it ultra vires the CCS(Pensicn) Rules 1972. The ratio cf the decision in this 0/1. was af,:>pliedto OA no 1 ~2of 2003 (I.K Rasbgi VS Lnion of India) by party nor impleaded Priilcipul Bench. Delhi. This Df. partmen~ was neither (] in tht:~soid OAs at an’! stage.

3. The implication of the judgement a.M. of 31.7.87 was – considered of Hon’ble CAT on tl’:5 Division’s in consultotic:,’l Pension & Pensioners’ Welfare and Department noted that the matte:- has attained
4. In view of the above Principal Bench legal finality. with Department of of Legal Affairs and it was and in the light of soid order of Hon’ble CAT setting aside the OM of 31 st July 1987 this Department’s OM no 134/l0/80-AVD-1 dated 28th Feb 1981 stands restored and the OM of 31;1July 1987 stands withdrawn.

(P.K Ravi)
Under Secretary to the Government of India

To
All Ministries /Departments
(As p8r list attached)