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Skip to mainThe Secretary to the Government of India and the Comptroller & Auditor General (C&AG) now have the authority to withhold or revoke a central government employee's pension or even to start a recovery from their pension or gratuity due to carelessness in the performance of their duties.
This comes after the Central Civil Services (Pension) Rules were modified. New changes went into effect on October 7. Central Government Employees who joined the service on or before December 31, 2003, are subject to both the original and revised standards, with the exception of the defence, railway and contractual employees.
Prior regulations solely gave the President the authority. The President, in the case of a pensioner who retired from a post for which the President is the appointing authority, 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 the Comptroller and Auditor-General of India, in the case of a pensioner who retired from a post for which the President is not the appointing authority, will now have
Furthermore, it states that a written order to withhold pension, gratuity, or both may be granted. Pension withdrawals are possible in full or in part, permanently or for a predetermined time. Orders may also be made to recover all or a portion of any financial damage caused to the government from a pension or gratuity. All of these actions may be taken if the pensioner is determined to have engaged in serious misconduct or neglect while employed, including work performed while re-employed after retirement, in any departmental or legal case.
The President appoints all individuals to Group A positions in the Central Civil Services and Group A positions in the Central Civil Posts. The President may, however, assign the responsibility for making such nominations to any other authority. All appointments to Groups "B," "C," and "D" of the Central Civil Services (other than the General Central Service) are made by the authorities designated in this regard. Officers with this authority may appoint personnel to Group "C" and Group "D," Civilian Services, or civilian positions inside the Defence Services. Similar to this, the authorities designated in that regard by a general or special order of the President make all appointments to Central Civil Posts, Groups "B," "C," and "D," which are part of the General Central Service.
According to the revised guidelines, a pension's amount cannot be decreased below the minimum pension when a portion is withheld or taken. No order issued by the President may be appealed. An appeal against a decision issued by a body other than the President, however, may be brought to the President, who may make a decision after consulting the UPSC.
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