Central Civil Services (Pension) Rules 2022

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Central Civil Services (Pension) Rules

2022
Introduction
Central Civil Services (Pension) Rules 1972
The above rule amended in 2021 and published in
Gazette on 20/12/2021
These rules shall apply to the Government servants
appointed on or before 31st day of December, 2003.
Sub-Rule 1 of Rule 8 (earlier Rule 9)
 The President reserves to himself the right of withholding
a pension or gratuity, or both, either in full or in part, or
withdrawing a pension in full or in part, whether permanently or
for a specified period, and of ordering recovery from a pension
or gratuity of the whole or part of any pecuniary loss caused to
the Government, if, in any departmental 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:
o Provided that the Union Public Service Commission shall be
consulted before any final orders are passed:
o 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withdrawn the amount of such pension shall not be reduced below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 (Rs. 9000)
Sub-Rule 2 of Rule 8
 The departmental proceedings referred to in sub-rule
(1), if instituted while the Government servant was in
service whether before his retirement or during his re-
employment, shall, after the final retirement of the
Government servant, be deemed to be proceedings
under this rule shall be continued and concluded by the
authority by which they were commenced in the same
manner as if the Government servant had continued in
service.
Submission of the report: Thereafter, authority will
submit a report recording its finding to the President
Sub-Rule 2 of Rule 8
Departmental proceedings instituted under rule 16 of
the CCS(CCA) Rules, 1965, while the Government
servant was in service and continued after retirement,
shall have no effect on the pension and gratuity of
the pensioner
Departmental proceedings be instituted after
retirement:
(a) Sanction of the President shall be obtained before instituting such
proceedings;
(b) The proceedings shall not be in respect of any event which took place
More than 4 years before such institution

(c) Proceedings shall be conducted by such authority and in such place or


the President may direct and in accordance with rules applicable to
departmental proceedings in which an order of dismissal from service
could be made in relation to the Govt. Servant during his service.
(d) Where a full-fledged enquiry is conducted giving an opportunity to the
pensioner to show cause during the proceedings in accordance with the
Central Civil Services (Classification, Control and Appeal) Rules, 1965,
any further opportunity to show cause would not be necessary before
taking action under sub-rule (1)
PROVISIONAL PENSIOIN AND GRATUITY
(Sub Rule 3 & 4)

PENSION AT •Only provisional pension is paid if any,


departmental or judicial proceedings are instituted
THE TIMES OF or major penalty proceedings under rule of
CCS(CCA) rules, 1965 are continued
PROCEEDINGS

GRATUITY AT •Gratuity is withheld till the conclusion of


THE TIME OF departmental proceedings and issue of final
orders thereon by the competent authority.
PROCEEDINGS
Conti….
The Accounts Officer shall authorize the provisional
pension equal to the maximum pension which would
have been admissible on the basis of qualifying service
up to the date of retirement of the Government servant.
 If he was under suspension on the date of retirement, up
to the date immediately proceeding the date on which he
was played under suspension(suspension period is not
part of qualifying service).
The provision of the sub-rule shall not be applicable if,
departmental or judicial proceedings have not actually
been instituted or deemed to have been instituted.
Sub-rule-5
Payment of provisional pension made under sub-rule
(4) shall be adjusted against final retirement benefits
sanctioned to such Government servant upon
conclusion of such proceedings……
but no recovery shall be made where the pension
finally sanctioned is less than the provisional pension
or the pension is reduced or withheld either
permanently or for a specified period.
Rule 6, 7 & 8
The recovery of pecuniary loss shall not exceed one third of
pension admissible.
The President can review any order made under these rules
after consultation with UPSC.
The President can review any order if, new material evidence
has been brought.
Provided that no order enhancing the amount of the pension
or gratuity to be withheld or withdrawn, shall be made by the
President unless the Government servant concerned has been
given a reasonable opportunity of making a representation
against the order proposed and except after consultation with
the Union Public Service Commission.
Case study 1
In Central Civil Services (Pension) Rules 1972,
disciplinary proceedings were initiated u/r-9. The rule
has been amended and it has been replaced by Central
Civil Services (Pension) Rules 2021 (w.e.f. 20/12/2021)
In one of the case at the Directorate, approval of
Disciplinary Authority(DA) for major penalty
proceedings u/r -9 of CCS(Pension) Rules, 1972 was
taken after 20/12/2021
Subsequently, corrigendum was issued as proceedings
should have been carried out under rule-8 of
CCS(Pension) Rules, 2021.
THANK YOU

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