Lok Sabha Q&A: Pension can be withheld/withdrawn if convicted of crime

The Minister of State, Ministry of Personnel, Public Grievances and Pensions, Dr Jitendra Singh has stated that the pension of a pensioner retired from Central Government Civil Service can be withheld or withdrawn either in full or in part if found guilty. The minister was replying to a question raised in the Lok Sabha. 

The minister stated that in accordance with provisions of the Central Civil Services (Pension) Rules, 1972, pension of a pensioner retired from Central Government civil service can be withheld or withdrawn either in full or in part, in cases where the pensioner is found guilty of grave misconduct. This can be misconduct or negligence during service in any departmental or judicial proceedings or is convicted of a serious crime or found guilty of grave misconduct after retirement. Read: https://persmin.gov.in/pension/rules/pencomp2.htm

This is against the misconception that the pension of a pensioner can not be withheld or withdrawn. However, there are clearly laid rules that state future good conduct shall be an implied condition of every grant of pension and its continuance. Where a pensioner is convicted of a serious crime by a Court of Law, the action shall be taken in the light of the judgment of the court relating to such conviction. The appointing authority can, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct

The minister said that action to sanction pension/family pension is taken by the concerned Ministry/Department/Office in which the Government servant was working before retirement/death. The Department of Pension & Pensioners’ Welfare has developed and introduced an online pension sanctioning and tracking system called ‘Bhavishya’ which facilitates the processing of pension cases with speed and accuracy and also ensures increased transparency and accountability in the process. Timelines have been prescribed in the rules for each activity involved in the processing of a pension case. The rules also provide for sanction of provisional pension in cases where, on account of administrative reasons, a Government servant is likely to retire before finalization of his pension and gratuity.

Minister added that Instructions have been issued by the Department of Pension & Pensioners’ Welfare from time to time for timely payment of pension, family pension and other pensionary benefits on retirement or death of a Government servant. In the Office Memorandum dated 9th March 2021, the Department of Pension & Pensioners’ Welfare has issued further instructions for regular monitoring of the progress of the pension cases by the Heads of the organizations/ Departments and by Secretaries of the administrative Ministries/Departments.